폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속상해)등
The judgment below
The guilty portion shall be reversed.
As to the first offense of Defendant, the Court held that a fine of KRW 6 million shall be imposed.
1. Summary of grounds for appeal;
A. As to the crime No. 1 of the judgment of the court below, the defendant and the requester for medical treatment and custody (hereinafter referred to as the "defendant") did not have any intention to inflict any injury on the defendant, although the defendant, as to the crime No. 1 of the judgment of the court below, had been injured by the victim D because the defendant's oral words in carics were written, the defendant did not have any intention to inflict any injury on the above victim.
B) As to the crime No. 2 of the judgment of the court below as stated in this part of the facts charged, the defendant recognized the fact that he assaulted the victim F. However, since the above victim's wife due to the above assault was merely an influence of face, and the above victim did not receive any specific treatment, the above victim's wife does not constitute the injury of the crime of injury. 2) The sentence of the judgment of the court below of unfair sentencing (the imprisonment with prison labor for the first crime of No. 1, 4 months, and 6 months) is too unreasonable.
B. As to the acquittal portion of the lower judgment, the lower court deemed that the video CD and the video recording statement of the victims cannot be used as an independent evidence that can directly prove the facts charged, but the interpretation of the Criminal Procedure Act can be seen as using independent evidence that can directly prove the facts charged, and even if not, can be used as impeachment evidence. Accordingly, each legal statement of the victims who did not recognize each of the facts charged in the instant case is difficult to believe.
In addition, the remainder of the evidence submitted by the prosecutor is sufficient to acknowledge the guilty of all the facts charged.
B) According to the mental appraisal results on the Defendant’s rejection of the medical treatment and custody claim, it is necessary to have the Defendant receive treatment by accepting the Defendant in the medical treatment and custody facility. 2) The sentence of unfair sentencing is too unjustifiable and unreasonable.
2. Determination:
A. As to the defendant's assertion of mistake of facts or misapprehension of legal principles, the court below 1.