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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The victim of misunderstanding of facts was the starting cost for the defendant in a private teaching institute room and elevator room, and the defendant who gets off from an elevator was the first time, and the defendant only followed the victim by cutting down the part of the victim in order to stop continuous trial and assault, and there was no other counter-efluence to stop the victim's assault. Thus, the defendant's act constitutes legitimate self-defense as an act to defend the present unfair infringement.
Therefore, the court below erred by misapprehending the facts charged with assault by the defendant.
B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 500,000 won) is too unreasonable.
2. The following circumstances revealed in light of the victim's standing photographs, elevator CCTV images, etc. at the lower court's judgment on the assertion of mistake of facts were duly adopted and the evidence duly examined, i.e., the victim merely caused the defendant's bank set off in the elevator, and did not commit assault with the contents threatening the defendant more than that, the victim's bank was immediately back, and the defendant was forced to take back the defendant's bank back to the lower court and take down the victim's name toward the inside. The victim seems to have been significantly strong in the form of the defendant's physical force to the extent of suffering from the brush, and the victim's act is reasonable to view that the defendant's act was a separate attack, not a passive defense against the victim. Thus, it cannot be viewed as legitimate self-defense.
Therefore, the defendant's assertion of mistake is without merit.
3. A favorable circumstance, such as having no record of criminal punishment against the defendant on the assertion of unfair sentencing, and having caused the assault of this case by contingency during the victim’s horse match.