상해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal ① In the event of the instant case, the lower court erred by misapprehending the facts and finding the Defendant guilty, despite the fact that there was no fact that the victim’s face was taken as stated in the facts charged, even though the victim was satisfed in the process of moving out and moving out to the outside to the end of the victim, even though the victim was satisfed, the lower court found the victim guilty.
Even if the defendant was aware of the victim's face as stated in the facts charged, it was executed as a means of resistance to protect himself/herself from an unfair attack of the victim and escape therefrom, and thus, constitutes legitimate defense, the court below erred by finding the defendant guilty.
② The punishment sentenced by the lower court to the Defendant (two million won in penalty) is too unreasonable.
2. Determination
A. As to the assertion of misunderstanding of facts or legal principles, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, the victim D, in an investigative agency and court of the court below, had the Defendant her fat, and had the Defendant her fat, and had the Defendant her fat, and had the Defendant her fat, and had the Defendant her fat at the time when her fat, and had the Defendant her fatd with her fat, and had the Defendant her fatd with her fat. In light of the following circumstances, it was sufficient to acknowledge the Defendant guilty of the charges of this case in light of the witness E or the Defendant fat at the court of the court below’s own fat, and there were other circumstances to suggest the possibility of suffering from the injury other than the physical fighting in this case, and even according to the witness E or the Defendant’s statement at the court of the court below, there
(2).