폭행등
The judgment of the court below is reversed.
The defendant shall be innocent.
1. Summary of grounds for appeal;
A. misunderstanding of the facts or misapprehension of the legal doctrine is merely defensive against the threat and assault of the victims, which constitutes a legitimate defense or legitimate act.
Therefore, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.
B. The sentence of the lower court’s improper sentencing (an amount of KRW 500,000) is too unreasonable.
2. Summary of the facts charged in this case and the judgment of the court below
A. Summary of the facts charged in this case
1. On June 28, 2014, the Defendant assaulted the victim D (37 taxes) and the Defendant against the victim’s father at around his house located in Gyeonggi Pyeong-gun, Gambling-gun, on the following grounds: (a) the victim d (37 taxes) and the Defendant hambling-to-be on the victim’s father; and (b) the victim g or eight times g or eight times kid the victim’s face, against the victim’s g or eight times g or eight times kid on the part of the victim’s spath, and spad on one occasion the victim’s spath by drinking.
2. In the same date, time, and place as described in the above paragraph 1, the injured Defendant was faced with the victim D and the victim E (V, 62 years old) and vagabonds, as described in the above paragraph 1.
As a result, the defendant suffered injury to the victim, such as the left-hand salt around the water level, which requires approximately two weeks of treatment.
B. The lower court rejected the Defendant and the defense counsel’s assertion that the above act by the Defendant constituted a legitimate defense or a legitimate act to defend the victims’ unfair infringement, and found the Defendant guilty of the above charges.
3. The judgment of this Court
(a)an act of a political party to defend against an act of attack and a defense conducted annually between the persons engaged in the same fighting and simultaneously between the acts of attack and the act of defense conducted in the nature of both sides, which are the act of attack;
It is common that it is difficult to regard it as a legitimate defense.