상해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of one million won.
The above fine shall not be paid by the defendant.
1. Reasons for appeal;
A. misunderstanding of facts and misapprehension of legal principles 1) The Defendant was only sealed by the victimized person’s her mother who tried to speak with the Defendant’s her mother, and did not look at the victim’s breath with her candle, her blaps, and her drinking. The victim was not in the location of the injury.
2) The Defendant’s exercise of physical power for the purpose of guiding the victim and the children of the Defendant to fight, and is a legitimate act that does not contravene social norms.
B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.
2. Determination:
A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, etc., the victim suffered an injury by assaulting the defendant and children.
The judgment of the court below which convicted the defendant in full view of the victim's testimony and the defendant's police and the prosecutor's statement, etc. is just, and the defendant's act cannot be viewed as a legitimate act of taking the victim's child out of his own child. Thus, the defendant's assertion is without merit, since the defendant's testimony cannot be viewed as a legitimate act of taking the victim's child out of his own child.
B. The Defendant, while denying the instant crime, did not agree with the victim while making a judgment on the unfair argument of sentencing, did not lead to the crime committed by harming the victim. However, the Defendant first committed the instant crime by saving his child with the victim, and the degree of injury was not limited, and the Defendant was the recipient of basic living as his parents’ definition, and was the recipient of the Defendant’s age, sex, environment, motive, means, means, and consequence, taking account of various circumstances, including the Defendant’s age, sex, environment, motive, means, and circumstance after the commission of the crime, etc., the lower court’s punishment is somewhat somewhat inappropriate, and thus, the Defendant’s assertion is reasonable.
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