상해등
The judgment below
The part against the defendant shall be reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The defendant above.
1. Summary of grounds for appeal;
A. As to the facts charged in this case of mistake of facts and misapprehension of legal principles, the court below convicted the Defendant of this part of the facts charged, even though the act of the Defendant, such as this part of the facts charged, constitutes self-defense, constitutes a self-defense. The court below erred by misapprehending the legal principles and thereby affecting the conclusion of the judgment
B. The sentence imposed by the lower court (one year of imprisonment with labor for four months and one year of suspended execution) is too unreasonable.
2. Determination
A. 1) Determination on the assertion of mistake of facts and misapprehension of legal principles 1) In a case where it is reasonable to deem that an act by a perpetrator was committed with the intent of mutual attack rather than with a view to defending an unfair attack by the victim, and that the act was committed against it, the act was an act of attack at the same time as a defensive act, and thus, it cannot be deemed as an act of self-defense or excessive defense, since it has the nature of an act of attack.
(2) In light of the circumstances such as the situation leading up to the act of attack and defense, and the purpose of attack and the intent of the actor, etc., if the other party unilaterally commits an unlawful attack and the other party uses the tangible force as a means of resistance to escape from the illegal attack and protect himself/herself from it, it is reasonable that the other party unilaterally commits an attack and the other party uses the tangible force as a means of resistance to escape from it, in light of social norms, as long as the act does not go beyond the limit of passive defense, and does not go beyond the limit of passive defense, it is reasonable to allow it in light of social norms in light of the whole circumstances such as the situation leading up to the act and its purpose, and the intent of the actor.