The defendant shall be exempted from punishment.

A. In fact, the Defendant was merely flabing the victim’s hand in order to escape from the damaged person in the process of assault, such as flabing flaps, etc. from the injured person, and did not assault or injure the victim.

B. The Defendant’s act of misapprehension of the legal doctrine constitutes a legitimate defense or legitimate act, and thus, is dismissed.

(c)

The punishment sentenced by the court below which is unfair in sentencing (500,000 won) is too heavy.

2. Determination

A. The first instance judgment on the credibility of the statement made by the witness of the first instance court was clearly erroneous in light of the spirit of substantial direct and psychological principle adopted by the Korean Criminal Procedure Act as to the assertion of misunderstanding of facts.

Unless there are extenuating circumstances to view that maintaining the first instance judgment on the credibility of a statement made by a witness of the first instance trial is significantly unfair, or in full view of the results of the first instance examination and the results of the additional examination of evidence conducted until the closing of oral proceedings in the appellate trial, the appellate court shall respect the judgment on the credibility of the statement made by the witness of the first instance trial (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012). The lower court convicted the Defendant of the charges of injury on the grounds of the witness’s legal statement made by the lower court D.

Examining the judgment of the court below closely by comparing it with the records, the above judgment of the court below is just, and no exceptional circumstance exists to reverse the judgment of the court below as to the credibility of the witness D’s legal statement.

Therefore, the defendant's assertion of facts is without merit.

B. According to the evidence duly admitted and examined by the court below as to the assertion of misunderstanding of the legal principle, the defendant's victim who was not at the defendant's house was not at the victim's house.

In the process, the defendant was required to put the defendant's arms without going to the victim.