폭력행위등처벌에관한법률위반(공동상해)등
The defendant's appeal is dismissed.
1. Discretionary mitigation of the judgment of the court below in the application column of statutes.
1. Summary of grounds for appeal;
A. Violation of the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) and the charge of injury (1) misunderstanding of facts, the defendant does not pose a threat to the victim G in knife.
The defendant did not have any fact at the time of victim E, and the victim E suffered any injury in the course of speaking for fighting between the defendant and G.
(2) The lower court’s imprisonment (six months of imprisonment) on this part of the allegation of unreasonable sentencing is too unreasonable.
B. Violation of the Act on the Control of Narcotics, etc. and Violation of the Punishment of Violence, etc. Act (1) misunderstanding of facts (the violation of the Punishment of Violences, etc. Act (joint injury) / The Defendant’s act is nothing more than defending the victim of a fighting match between R and S with the victim in a knife and threatening the Defendant, and thus, it should be deemed that the Defendant’s act does not constitute an element of a crime, or that it is unlawful as a self-defense or legitimate act.
(2) The lower court’s imprisonment (one year and six months of imprisonment) on this part of the allegation of unreasonable sentencing is too unreasonable.
2. Determination
A. In full view of the following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the first instance court as follows: (a) a violation of the Punishment of Violences, etc. Act (a) and a violation of the Punishment of Violences, etc. Act (a) a judgment of misunderstanding of facts as to the point of injury (a) and a violation of the Act on the Punishment of Violences, etc. (b) a crime of assault after threatening the victim in knife as stated in this part of the facts charged.
① The victim G appeared as a witness in the trial court, and stated the damage situation at the time of the instant case in detail and in detail.
E, the victim's wife, made a statement to the effect that the victim's statement is consistent with the victim's statement in the police.
E and X, the wife of the defendant, are present at the original trial and the original trial, and the defendant stated that there is no knife for the victim, but the defendant is knife.