폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Defendant
All appeals filed by the Defendants B and the Prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendant B (1) The Defendant did not have assaulted A as stated in the facts charged, and even if there was a domestic assault by the Defendant, it constitutes self-defense since it was a defensive act against A’s assault. (2) The sentence (6 months of imprisonment and 2 years of suspended execution) imposed by the lower court on the Defendant is too unreasonable.
B. The sentence that the lower court sentenced the Defendants (one year and six months of imprisonment, three years of suspended sentence, six months of imprisonment, and two years of suspended sentence) is too uneased and unreasonable.
2. In the judgment of the court below as to the defendant B's assertion of mistake of facts, the court below rejected the above assertion and found the defendant guilty on the grounds of diverse circumstances as stated in its reasoning in the part on "the grounds for the crime of oil" in this part. If the court below examined the above judgment closely by comparing the records, the court below's decision that found the defendant guilty of the facts charged in this case against the defendant is just, and it is not erroneous in the misapprehension of facts as alleged by the defendant. Thus, this part of the defendant's assertion is rejected.
3. Judgment on the assertion of unfair sentencing
A. Defendant A’s homicide appears to have suffered a very serious injury by assaulting Sticker B, which is a dangerous object by Defendant A, and the fact that B is not agreed with, is disadvantageous to the Defendant.
Meanwhile, in light of the fact that the defendant seems to have suffered bodily injury due to the violence in B, and that the defendant divorceds due to B, there are some grounds for considering the circumstances of the crime, and that the defendant is the first offender who has no criminal power, etc., in favor of the defendant.
The above circumstances and other records and arguments are shown in the circumstances after the crime of this case, the defendant's age, character and conduct, family relationship, environment, occupation, etc.