상해
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. In fact, the Defendant was only passive defensive acts, and did not actively assault the victim D to inflict an injury on the victim.
B. Legal principles are that the defendant abused the victim.
Even if the defendant's act was committed to defend against the victim, it constitutes a legitimate defense.
(c)
The punishment of the court below (one million won) which is unfair in sentencing is too unreasonable.
2. Determination
A. In full view of the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, the defendant can sufficiently recognize the fact that the defendant inflicted an injury on the victim by cutting down and pushing the victim's neck as stated in the facts charged of this case. Thus, the defendant's assertion of mistake of facts is without merit.
B. As seen in the misapprehension of the legal principle as seen earlier, the Defendant inflicted an injury on the victim by assaulting the victim. In the event of fighting between the Defendant and the victim, the act of strike at the same time constitutes an act of attack against the other party, which constitutes an act of attack against the other party, and the act of the other party is not deemed an act of attack against the other party, and it does not constitute an unlawful defense or excessive defense (see Supreme Court Decisions 83Do3020, May 22, 1984; 200Do228, March 28, 200). The Defendant’s assertion of misapprehension of the legal principle is without merit.
B. In full view of the fact that the Defendant did not make any effort to recover damage, the fact that the Defendant was punished for the same kind of crime, and other circumstances that form the conditions for the sentencing as shown in the records and pleadings, the lower court’s punishment is too unreasonable, and thus, the Defendant’s wrongful assertion of sentencing is also groundless.
3. Accordingly, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.