폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts (related to the facts stated in the original judgment) (related to paragraphs (1), (4), (c), and (d)) / The Defendant did not assault the victim H on April 5, 2014, ② did not inflict any injury on the victim L on April 5, 2014, ③ did not assault the victim N on April 9, 2014, ④ did not inflict any injury on the victim N,O, and H on April 10, 2014, ④ at the time of committing the instant crime of mental and physical disability, the Defendant was in a state of mental disability with a dead decentralization.
3) The lower court’s sentencing (one year and six months of imprisonment, two years of suspended execution, and 40 hours of community service order is too unreasonable.
B. The lower court’s sentencing is too uneasible and unreasonable.
2. Determination
A. 1) According to the evidence duly admitted and examined by the lower court on April 5, 2014, the evidence duly admitted and examined by the lower court: (i) the Defendant abused the Victim H on April 5, 201; (ii) the Defendant inflicted an injury on the Victim L on April 5, 2014; (iii) the Defendant assaulted the Victim N on April 9, 2014; and (iv) the fact that the Defendant inflicted an injury on the Victim N,O, and H on April 10, 2014 by a tree stick on April 10, 2014 (the victim made a statement in a concrete and consistent manner by an investigative agency or this court that made the statement, and in relation to the criminal facts stated in the lower judgment, the Defendant also made at the investigative agency and the lower court stated that the said victims suffered an injury due to the display of a tree stick on April 10, 2014.
(Evidence Records 206-207, 339-341, and 49 of the trial records). The Defendant’s assertion of mistake of facts is without merit. 2) On the first day of March 17, 2015, the Defendant did not inflict any injury on the victim R on April 15, 2014 (related to paragraph (2) of the criminal facts stated in the original judgment), and ② did not assault the Z of the victim who is the driver of a vehicle operating on April 17, 2014, or interfere with the performance of official duties (related to paragraph (1) of the criminal facts stated in the original judgment).