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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by a fine of KRW 1,000,000.
Defendant .
Reasons
1. Summary of grounds for appeal;
A. Defendant A’s assertion of misunderstanding of facts is that Defendant A’s act and Defendant B’s injury did not constitute assault since he was only tightly sealed Defendant B who had obstructed the front during the process of the instant case’s occurrence. As such, such behavior cannot be deemed as an assault. Moreover, Defendant A’s act and the injury of Defendant B are not recognized.
Nevertheless, the judgment of the court below that found Defendant A guilty is erroneous by mistake.
B. Defendant B’s assertion of misunderstanding of the facts and legal principles as to Defendant B’s act is dismissed inasmuch as it does not violate the social norms, even if there was no insult or assault on Defendant A, and even if there was such a fact, the act is not contrary to such social norms.
Nevertheless, the judgment of the court below which found Defendant B guilty is erroneous by misapprehending the legal principles or misapprehending the legal principles.
(c)
Each sentence of the court below is unfair because the defendants' unfair argument about sentencing is too unreasonable.
2. Determination
A. (1) According to the evidence duly admitted and examined by the lower court regarding the Defendant A’s assertion of misunderstanding of facts, the lower court’s determination as to the Defendant A’s assertion of assault can be acknowledged that: (a) the Defendant B, while she was seated, did not stay in the police station where the Defendant B was able to have knickly knife, and did so; (b) caused the Defendant B’s knife and carried knife the knife in the vicinity of the Defendant B.
Thus, the defendant A's act constitutes an assault under the Criminal Code, and the defendant A's above assertion that his act does not constitute an assault is not accepted.
(2) Comprehensively taking account of the following circumstances revealed in the record of judgment and arguments as to whether there is a causal relationship between the assault and the bodily injury, Defendant B’s assault and injury as indicated in the facts charged.