폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 700,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles do not contain any fact when the victim's face is displayed due to the illness as stated in the facts charged in this case, and there was no fact that the victim's face is boomed or the victim was pushed ahead by hand. Although the defendant was a citizen of the victim's breath by hand, it constitutes legitimate self-defense against the victim's attack, the court below erred by misunderstanding of facts or by misunderstanding of legal principles which affected the conclusion of the judgment.
B. The sentence imposed by the lower court (one year and six months of imprisonment, and three years of suspended execution) is too unreasonable.
2. Determination
A. On September 16, 2012, the Defendant: (a) around 09:00 on September 16, 2012, the summary of the facts charged is that the victim A (the victim of the age of 49) took a bath with bad words and behavior at the F convenience store located in Gusi-si, Si; and (b) on the ground that the victim A (the victim of the age of 49) took a bath.
As above, when the victim got an attack against the defendant, the defendant was able to knife the victim's neck with both hands, and pushed the victim to the cater, which was installed within the convenience point, and continuously cut the victim to the climb, and then boomed the victim into the climb, which is a dangerous object, and boomed the victim's face at one time, and led the victim to an internal climbbing, which requires approximately two weeks of treatment.
B. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below and the court below as to whether the defendant's face was admitted to the defendant's injury due to the defendant's injury, it is difficult to acknowledge the fact that the defendant inflicted an injury upon the victim due to the defendant's injury due to the defendant's injury. The remainder of the evidence submitted by the prosecutor alone is the victim's face due to the defendant's injury.