일반교통방해등
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendant 1) In relation to the crime of intimidation against the victim E, there is no doubt that there was no threat against the victim since the victim at the time said that the victim was “to throw away bamboo,” and that there was no threat. 2) The Defendant, in relation to self-defense or the crime of assault against the victimJ, committed an assault against the victimJ in order to prevent this from doing so. As such, the Defendant’s act constitutes self-defense or misunderstanding defense.
3) At the time of the instant crime, the Defendant was in a state of mental disability due to a polar disorder at the time of the instant crime. 4) The sentence of the lower court’s sentencing (one year and six months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence is too unhued and unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the court below as to the assertion of mistake of fact, and in particular E’s legal statement, it can be sufficiently recognized that the defendant took a detailed attitude that the defendant would have been drinking at the time, and the victim said that “I will die, I will die,” so the above argument by the defendant is without merit.
B. According to the evidence duly adopted and examined by the court below and the court below as to the assertion of self-defense or defense, it is acknowledged that the defendant was abused in the course of moving to the point of view that the victim's self-defense or defense had difficulty in smoking in Lies. Thus, there was a dispute during the process that the women, the main business owner of JJ, were able to do so, and the JJ did not assault the above women. However, the J did not assault the above women, and the J did not report the conflict with the above women while moving to that point.
In light of the above facts of recognition, although the defendant thought that the above female was subject to violence from J's sexual behavior, and was involved with the intent to help such female, the circumstances leading to the assault of this case.