In addition, the appeal by the candidate for medical treatment and custody is dismissed.

With respect to the crime of mistake of facts and the crime of special injury by mistake of legal principles in the judgment of the court below, as the victim, who had a physical build higher body than the defendant at the time, started leaving the defendant above the defendant at the time, and the defendant used the long-term board and iron removal to stand up against the defendant at the defense level, such act of the defendant is a self-defense as stipulated in Article 21

The punishment sentenced by the court below of unfair sentencing (two years of imprisonment) is too unreasonable.

There is no risk of recidivism because the defendant's illness in the case of medical treatment and custody is improved and there is no need to receive medical treatment any longer, and the defendant is willing not to repeat again after he/she refrains from drinking.

Judgment

The Defendant also asserted that the mistake of facts and misapprehension of the legal doctrine regarding the part of the Defendant’s case were identical to the grounds for appeal in the original judgment, and the lower court rejected all the above arguments on the Defendant’s assertion and its judgment in detail.

The judgment below

Examining the reasoning closely compared with the evidence duly admitted and examined, the above judgment of the court below is reasonable and there is no error of law by misunderstanding facts or by misapprehending the legal principles.

This part of the defendant's assertion is without merit.

The lower court’s determination on the assertion of unfair sentencing is reasonable in light of the following circumstances: ① the Defendant committed the instant crime by assaulting the victim R in order to steals property worth KRW 7 million in total at the market price of the victims, and escape arrest in the process; and ② the Defendant cannot be deemed to be less than the crime quality of the instant crime, such as causing injury to the victim V by taking advantage of steel waste collection; and the victim R expressed his intent to severely punish the Defendant; ② the market price acquired by the Defendant from the victim H by committing the act of bicycle and quasi-Robbery equivalent to KRW 6.8 million in total at the market price of KRW 24,00,000, which was acquired by the Defendant.