폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
1. The judgment below is reversed.
2. The defendant shall be punished by a fine not exceeding 1.5 million won.
3. The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. misunderstanding of facts or misunderstanding of legal principles, when four victims suffered serious injury from assaulted by the victim, the Defendant was only defending the victim. Thus, this does not constitute a crime as self-defense or legitimate act, and even if not, liability should be mitigated or exempted as it constitutes excessive self-defense.
B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment, two years of suspended sentence) is too unreasonable.
2. Determination
A. As to the assertion of mistake of facts or misapprehension of legal principles, the court below rejected the above assertion on the ground that the defendant's act in the court below also asserted that the defendant's act constitutes self-defense or legitimate act, and that taking account of the following circumstances acknowledged by the evidence duly adopted and examined, and the motive and background leading up to the fighting, the means and method of the act, the result, the circumstances after the crime, etc., the defendant and the victim appear to have conducted fighting with the intent of attacking the other party, and that only the defendant's act cannot be deemed as legitimate act or self-defense to defend the victim's unfair attack
① The Defendant and the aggrieved person are the middle-year men who have a similar age unit, and this case occurred in the middle-yearr where the lower-classrs and the citizens adjoin.
(2) It is recognized that the defendant suffers from a multi-feasia that needs to be treated for 34 days while walking the breast part from a victim several times.
However, a person who actively uses violence against the defendant is only one victim, and the victim did not carry a deadly weapon or dangerous object while exercising violence.
③ The Defendant stated at the police that “at the time, she was flusium and she was flusium and she was flusium and she was flusium only once.”
The maintenance plant was located next to the end of the maintenance plant.