폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The judgment below
Of those, the conviction against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for six months.
(b).
1. Since the part of the judgment of the court against each of the Defendants' convictions in the judgment below is separated and finalized, only the guilty part of the Defendants is within the scope of the judgment of this court.
2. Summary of grounds for appeal;
A. Defendant A’s sentence (one year and six months of imprisonment, and two years of suspended execution) of the lower court is too unreasonable (Defendant A explicitly withdraws his assertion of mistake on the date of the second trial of the first trial of the first instance court). (B) Defendant B’s legitimate defense or legitimate act is merely a victim’s timber to defend the victimized person’s assault. Thus, it constitutes a legitimate defense or legitimate act.
B) The sentence of the lower court’s improper sentencing (one million won in penalty) is too unreasonable.
3. Prior to the judgment on the grounds for the ex officio appeal by Defendant A, the prosecutor examined the case in question, and the prosecutor found Defendant A guilty part of the judgment of the court below as to the violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) as "special injury", and applied Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act as "Article 258-2 (1) of the Criminal Act" in the applicable law, and applied Article 2 (1) 3 as "Article 258-2 (1) of the Criminal Act." This court permitted this and thereby changed the subject of the judgment, thereby making it impossible to maintain the conviction part of the judgment of the court below as to Defendant A.
4. Judgment on the grounds of appeal by Defendant B
(a) An ordinary act of attack and defense committed between a party’s defense or between a person who conducts a fighting match associated with a political party’s act, and an act of attack and defense simultaneously takes the character of a two-area where the act of attack is an act of attack, and thus, it is a justifiable act to defend one party’s act by resorting only to an act of attack
(1) Article 2(1) of the Criminal Procedure Act provides that a person who suffers from a loss of his/her right shall be punished by imprisonment with labor or by imprisonment with labor, or by imprisonment with labor, or by imprisonment with labor, or by imprisonment with labor, or by imprisonment with labor, or by imprisonment with labor, or by imprisonment with labor, or by imprisonment with labor.