Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Even if it is inevitable for the Defendant to avoid assault by the victim, which constitutes a legitimate defense or legitimate act, the lower court convicted the Defendant by misunderstanding of facts or misunderstanding of legal principles, and (2) even if the Defendant was guilty of domestic affairs, the lower court’s punishment (2 million won) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, according to the reasoning of each judgment, the Defendant was sentenced to one year to imprisonment on July 16, 2015 with prison labor for a crime of fraud, etc. in support of Suwon Won Won Won Won Wonyang, etc. on December 21, 2015, and the judgment became final and conclusive on December 21, 2015. As such, the crime of injury to the Defendant’s judgment in the judgment of the lower court is in the relation of concurrent crimes with the crime of fraud, etc. for which judgment became final and conclusive under Article 37 of the Criminal Act, and the crime of injury to the Defendant should be sentenced to punishment in consideration of equity and at the same time under Article 39

However, the defendant's assertion of mistake of facts and misunderstanding of legal principles (political defense or legitimate act) are still subject to the judgment of this court, despite the above reasons for reversal of authority.

B. Comprehensively taking account of the evidence duly admitted and examined by the court below as to the Defendant’s assertion of misunderstanding of the facts or misapprehension of the legal principles, the fact that the Defendant inflicted an injury by assaulting the victim C as stated in the facts constituting the crime in the judgment below is sufficiently recognized, and the circumstances of the instant case recognized by the above evidence and the degree of assault committed by the Defendant, etc., the Defendant’s act of injury in this case cannot be deemed as a legitimate defense or a legitimate act, and thus, the Defendant’