상해등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. misunderstanding of facts and misapprehension of the legal principles, the Defendant was unilaterally assaulted by the victim A, I, B, etc., and did not assault the victims.
Even if the defendant abuseds victims,
Even if the defendant did not have the awareness and intent to exercise the force of force against others, ② the defendant’s act constitutes a legitimate defense or legitimate act to defend himself from the assault by the victims. ③ At the time, the defendant was in a situation where the victims unilaterally assault the defendant, which makes it difficult to distinguish things from others.
B. The sentence of the lower court’s improper sentencing (an amount of KRW 500,000) is too unreasonable.
2. Determination
A. The following circumstances acknowledged by the evidence duly admitted and examined by the lower court as to the assertion of misunderstanding of facts and misapprehension of legal doctrine, namely, the victim A, I, and B had been assaulted by the Defendant in the investigative agency and the lower court in the same manner as the facts charged in the instant case.
In full view of the following: (a) the statement was made (69, 76, 80 pages of the trial record), the statement was specific and consistent; (b) the Defendant’s act of assaulting the victims during his body fighting was confirmed (Evidence No. 1, No. 77, No. 45-1, and No. 65 of the evidence record), and (c) at the time, the Defendant was instructed by a church pastor to prevent the victims from entering the form of the wedding; and (b) the Defendant and the victims were in conflict with each other, it can be sufficiently recognized that the Defendant committed assaulting the victims under the perception and intent to exercise the force of force against the victims; and (c) the background and situation of the instant crime and damage.