상해등
The judgment below
Part concerning Defendant A and B shall be reversed.
Defendant
A. A. Fines 1,500,000, Defendant B.
1. Summary of grounds for appeal;
A. The judgment of the court below which found Defendant C’s act not guilty by the prosecutor’s act is not limited to the passive act of defense, but also by the act of attack that occurred in the process of wrapping with the victim B. The judgment of the court below which found Defendant C’s act not guilty by mistake of facts.
B. Defendant A and B (the defendant A: imprisonment of 8 months, 2 years of probation, 80 hours of community service, 6 months of probation, 2 years of probation, 80 hours of community service, and 80 hours of community service) are too unreasonable.
2. Determination
A. The lower court determined that Defendant C’s act constitutes legitimate self-defense under Article 21(1) of the Criminal Act, which constitutes a passive resistance or defensive act against the victim B’s unlawful assault, and thus, acquitted Defendant C.
Examining the judgment of the court below and the trial of the court below in comparison with the evidence duly adopted and examined, the above judgment of the court below is just and acceptable, and the circumstances of the prosecutor's appeal do not reach the degree of resolving the reasonable doubt caused by the court below in relation to this part of the facts charged. Thus, there is no error of law by mistake of facts alleged by the prosecutor in the
Therefore, the prosecutor's argument of mistake is without merit.
B. In light of the background and method of the crime on the assertion of unfair sentencing by Defendant A and B, etc., the crime is bad, Defendant A agreed with the victim E or did not receive an application from the said victim, Defendant B appears to have led to the crime at the instant site, and Defendant A and B may have the same criminal record during the same period, etc. are disadvantageous to the said Defendants.
However, Defendant A and B reflects their own mistake in depth, and agreed with the victim C in the past of the trial, and the damage is not much severe, and Defendant A and the same are applicable.