beta
Text
All appeals by the Defendants are dismissed.
Reasons
1. Grounds for appeal;
A. Defendant A1) misunderstanding of facts does not have any fact of assaulting Defendant A, and Defendant A’s temporary assertion that Defendant A was assaulted by Defendant B had any informationala, such as photographing damaged photographs, and Defendant B’s judgment of the court below which convicted Defendant A of the facts charged despite the circumstances such as the lack of consistency in Defendant B’s statement. 2) The sentence of the court below against Defendant A of unfair sentencing (the fine of KRW 500,000) is too unreasonable.
B. Defendant B did not have an act of assaulting Defendant A, and Defendant B’s act constitutes self-defense or legitimate act, and thus, is not illegal.
2. Determination
A. In light of the following facts and circumstances revealed in light of the evidence duly admitted by the court below as to Defendant A’s assertion of misunderstanding of facts, the circumstances cited by Defendant A, including the fact that Defendant A took photographs of damage as stated in the facts charged, the fact that Defendant A arrived at the arrival of E, the fact that Defendant A brought about the injury part at the time of the arrival of the dispute, and the conduct of Defendant B after the crime, cannot be deemed to be serious in the degree of Defendant B’s assault, and the relationship between the Defendants was maintained for a considerable period of time after the dispute was over, shall not be deemed to interfere with the above recognition.
Therefore, the judgment of the court below which found Defendant A guilty of the facts charged is just and it cannot be said that there is an error of mistake of facts.
Defendant
A's assertion of mistake of facts is without merit.
① Defendant B made a consistent statement as to the major facts of damage that “Defendant A has sworn down with scambling and scambling,” from the beginning of the investigation to the legal statement.
② Defendant B is a medical specialist on November 13, 2017, following the date on which the fact of damage was alleged.