폭행
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
【Judgment on Grounds for Appeal】
1. The summary of the grounds of appeal is that the Defendant defended the victim against the attack, such as the violation of the rule, and did not assault the victim’s breath, thereby leading the Defendant guilty of the facts charged of this case. The lower court erred by misapprehending the facts.
In addition, the court below's punishment against the defendant is too unreasonable.
2. The judgment on the assertion of mistake of facts stated in the police that “E made a flab with the Defendant, pushed off and pushed down with flab with the Defendant,” and the Defendant asserted that “E took the body of the Defendant by leading the Defendant to the warehouse.” In light of the developments leading up to the occurrence of the instant case and the circumstances of the Defendant and E immediately after the instant case, it is not a serious violent event as alleged by the Defendant, but a serious violent event, such as E’s statement, appears to have occurred, and the Defendant also made a statement at the police that “I flab with the other party’s flab, without any flabing, it is smaller,” and thereafter, the Defendant stated that “I flab with the other party’s flabing, and flabing the clothes on the chest side,” and in light of the circumstances, it is sufficiently recognized that the Defendant’s act constitutes self-defense, such as the written facts charged, and that the Defendant’s act constitutes self-defense.
3. The Defendant has no record of being punished for the same offense, and only two times of being sentenced to a relatively minor fine for the same offense, and the instant crime was committed by the Defendant, such as flabing the ebbbbb, etc. from E, and in response thereto, there are circumstances to take into account the motive and circumstance of the use of flab, and the degree and form of the assault, as well as the considerable minor.