폭력행위등처벌에관한법률위반(상습상해)
The judgment of the court below is reversed.
The punishment of the accused shall be determined by one year and six months.
1. Reasons for appeal;
A. Defendant 1) The Defendant did not either injure the victim C or E, or assault the victim G.
The defendant's broomping of brooms owned by E or broomping the victim's K constitutes a legitimate defense or legitimate act to prevent the victims' assault.
2) The lower court’s unreasonable sentencing is hot.
B. Article 2(3) of the Punishment of Violences, etc. Act is likely to be seen as a habitual legislative provision.
There is a comprehensive crime between crimes under the subparagraphs of Article 2 (3) of the Punishment of Violences, etc. Act.
2) The lower court’s punishment that is unfair in sentencing is light.
2. Determination
A. According to the evidence duly examined and adopted by the Defendant’s assertion of misunderstanding of the facts or misapprehension of the legal doctrine, it is sufficiently recognized that the Defendant inflicted an injury on the victim C or E, or assaulted the victim G, and the Defendant’s broomping of brooms owned by E or breaking the victim K cannot be deemed as constituting a legitimate defense or legitimate act, as it prevents the victims’ assault.
B. Considering that Article 2(3) of the Punishment of Violences, etc. Act as to the Prosecutor’s argument of misunderstanding the legal doctrine, Article 2(2) of the Punishment of Violences, etc. Act provides that a person who has been punished two or more times by imprisonment for a violation of the relevant provisions of the Criminal Act and the Criminal Act is punished as a repeated crime by committing again a crime under Article 2(2) of the Punishment of Violences, etc. Act, the crime under each subparagraph of Article 2(3) of the Punishment of Violences, etc. Act is a single comprehensive crime.
It is difficult to evaluate.
(c)
It is examined ex officio prior to the judgment on the grounds of unfair appeal by the defendant and prosecutor.
The prosecutor shall, in his preliminary case, punish the accused in violation of the Punishment of Violences, etc. Act (Habitual damage, etc.) and the punishment of violence, etc.