상해등
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. Summary of grounds for appeal;
A. The judgment of the court below that found the Defendant guilty of the facts charged of this case, despite the misunderstanding of facts, is erroneous in the misunderstanding of facts, even though the Defendant did not inflict a quiquitable injury on the victim E as stated in the facts charged, and even if having exercised a family tangible power, it is a means to oppose the present imminent imminent danger to the body of the Defendant.
B. The sentence of an unreasonable sentencing (the fine of KRW 500,000) imposed by the lower court is excessively unreasonable.
2. Judgment on the assertion of mistake of facts
A. An ordinary act of attack and a defense is conducted throughout the course of an attack and defense between the persons of a fighting match in accordance with the relevant legal doctrine, and at the same time, the act of attack and defense is in the nature of a two-area, which is the act of attack. Thus, even if the parties appear to be fighting, the act of a party cannot be deemed as a legitimate act for defense or self-defense, barring special circumstances, such as where one party unilaterally committed an attack and the other party exercised force as a means of resistance to protect himself/herself from such attack and to escape therefrom.
(Supreme Court Decision 201Do13927 Decided December 8, 2011). (B)
Judgment
In full view of the following circumstances admitted by the evidence duly admitted and investigated by the court below, the court below's finding the defendant guilty of the facts charged of this case is justified.
(1) At the time of the instant case, the Defendant visited the Victim E house for the newspaper receipt money, and the Defendant and the Victim’s mother F, the Defendant and the Victim’s mother, demanded the Defendant to do so on the ground that the Defendant demanded more amount than the initially agreed amount of the newspaper deposit. The Defendant’s father, the husband of the victim and D, the husband of the F, demanded that the Defendant do so for a little time. The Defendant was inside the victim’s house.