폭력행위등처벌에관한법률위반(공동상해)
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by a fine of KRW 700,000.
Defendant
A.
1. Summary of grounds for appeal;
A. Defendant A (1) misunderstanding of facts is unilaterally against victims, and there was no injury by exercising violence against the victim B and C.
(2) The acts of Defendant A by misapprehending the legal principles are merely to protect the victims’ illegal infringement against Defendant A and his mother H.
B. Defendant B, C, and D (1) did not have committed an injury by exercising violence against the victim H.
(2) In light of the circumstances of the instant case of unreasonable sentencing, the sentence imposed by the lower court on the Defendants (Defendant B: fine of one million won; fine of two million won for Defendant C; and fine of one million won for Defendant D) is too unreasonable.
2. Determination
A. (1) The following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the Defendant A’s allegation of misunderstanding of facts, namely, (1) the victim B and C, in the investigative agency and the lower court’s judgment, and (2) around March 11, 201, the Defendant A and H visited the Defendant’s house that is front of the Victim B’s husband N and the Defendant C, the victim of the victim’s house that was located in the front house of the Defendant’s house, and (3) of the Defendant A and H to the effect that “the view and ventilation of the victims’ house are restricted due to the blocking installed on the rooftop of the Defendant’s house, so that the view and ventilation of the victim’s house is restricted, and the removal of the victim’s house was changed.” The victim B and the Defendant, who was in front of the house entering the entrance stairs of the Defendant’s house, started a horse match between the Defendant A and the Defendant who was in front of the Defendant’s house.
It is stated that this is beyond entangled, and even though they assault Defendant A, etc., their assault areas are reduced and they are committed by Defendant A, etc.