폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. Summary of grounds for appeal;
A. Although there is a fact that Defendant (1) mismisunderstanding of facts or misunderstanding of legal principles when the victim was caused by his/her hand and the victim was committed, there is no fact that the victim was committed by using a "fluor" in the form of a dangerous article.
Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment, since the court below found the defendant guilty by recognizing the crime of violation of the Punishment of Violences, etc. Act.
(2) The sentence imposed by the lower court on the Defendant (two years of imprisonment, four years of suspended execution, and 160 hours of probation and community service order) is too unreasonable.
B. The sentence imposed by the lower court on the Defendant is too uneasible and unfair.
2. Judgment on the defendant's assertion of mistake of facts or misapprehension of legal principles
A. The summary of the facts charged in the instant case was that the victim C (the age of 58) was dissatisfied with D, who was a female living together with D, independent of himself.
On August 2, 2012, around 17:10 on August 2, 2012, the Defendant: (a) brought a dispute with the victim in front of the F restaurant located in Gosung-gun E; (b) brought the victim’s face part at several times due to drinking, and (c) took a dangerous object inside the Defendant’s truck, which was parked next to the Defendant’s truck after holding the part of the victim’s face; and (d) took a head with the victim, etc., and inflicted injury on the victim, such as the pelpelle, which requires approximately three weeks of medical treatment.
B. (1) The Defendant consistently denied the facts charged in this case from the investigative agency to the lower court and the court of the first instance by asserting that the Defendant did not have any fact when he was the victim in a fake form, even though he was her to her to her to her by hand and her to her to her to her to her,
(2) The evidence presented as shown in the facts charged in the instant case is the witness G’s statement in the trial court, and the witness G’s statement in the second trial record of the lower court.