폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a term of one year and six months.
except that, for two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. Defendant 1 only caused misunderstanding of facts by the victim of misunderstanding of facts, but there was no fact at the time of such bucks, and the rest of the victim’s injury does not constitute “the act of abuse” under the Child Welfare Act. 2) In other words, Defendant 1 constitutes a misunderstanding of legal principles and a violation
Even if there is no illegality because it is a legitimate physical punishment for education, it is a legitimate act.
3) The lower court’s sentence of unfair sentencing (one year of suspended sentence for six months of imprisonment) is too unreasonable and unfair. (B) In light of the erroneous determination of facts and misapprehension of legal principles as to the acquitted portion, and in light of the type of enormous machine used by the Defendant to mislead the victim, the degree of injury to the victim, and the injury to the victim, etc., the lower court acquitted the Defendant as to the crime of violation of the Punishment of Violences, etc. Act (injury to collective weapons, etc.) even though it constitutes dangerous articles.
2 The lower court’s sentence of unreasonable sentencing is too uneasible and unreasonable.
2. Determination
A. Determination on the Defendant’s misunderstanding of facts and misapprehension of legal principles 1) Determination on the Defendant’s assertion of misunderstanding of facts