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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In fact-finding, the Defendant did not assault the victim’s face face by his hand after booming the victim’s head or destroying the victim’s head, and he did not have any intention to injure the victim’s shoulder, such as “satisfing the victim’s face,” while preventing the victim from returning home. As such, the Defendant did not have any intention to injure the victim.
B. In light of the legal principles, the Defendant committed a passive act that does not violate self-defense or social rules, since the Defendant committed a crime against the victim, such as the victim’s her booming with her her buck and preventing the Defendant from returning home. Therefore, the Defendant’s act constitutes a justifiable act that does not violate the self-defense
C. The judgment of the court below on the defendant's sentence of unreasonable sentencing (the fine of 1.5 million won) is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the lower court, such as the testimony of witnesses F in the determination of mistake, etc., the Defendant could sufficiently recognize the fact that the victim’s face was injured and the injury was inflicted on the victim on several occasions due to the occurrence of the victim’s loss by removing him/her from returning home as stated in the lower court’s judgment and destroying the victim’s head.
Therefore, this part of the defendant's argument is without merit.
B. In a case where it is reasonable to view that the perpetrator’s act of judgment as to the assertion of misapprehension of the legal principles is an attacked with one another’s intent to attack one another rather than to defend the victim’s unfair attack, and that the act was committed against one another, it cannot be deemed self-defense, since the act is an act of attack at the same time as an act of attack (see, e.g., Supreme Court Decision 2000Do228, Mar. 28, 200). "act that does not violate the social rules" under Article 20 of the Criminal Act means a social ethics or social norms where it is placed in the entirety of legal order or its behind.