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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. In relation to (i) misunderstanding of facts or misapprehension of legal principles, (ii) the Defendant did not own a person who has inflicted bodily injury on June 19, 2016, and (iii) plundered or plundered the victim to defend the unjust attack of the victim who threatened the knife with both descendants. This is a legitimate defense, and the illegality is dismissed.
With regard to the point of joint residence intrusion and joint injury on July 5, 2016, the Defendant did not enter the victim’s house living room and did not assault the victim as in the facts charged.
B. The sentence of the lower court’s unfair sentencing (an amount of KRW 5 million) is too unreasonable.
2. Judgment on the misapprehension of the legal principle or mistake of facts
A. (1) According to evidence of June 19, 2016, the Defendant and the victim resided on the upper and lower floor of the apartment complex at the time of the instant case, as the Defendant and the victim, under the circumstance that the reputation is not good, were in conflict with each other at the time of the instant case. The Defendant and the victim, under the circumstance that the reputation is not good, knife and knife a knife on the knife and knife a knife against the Defendant, threatening the Defendant to the knife of the knife of the Defendant’s knife. The Defendant asserted against this, thereby suppressing the Victim by plucking, breaking,
⑵ 피해자는 경찰 및 원심 법정에서 위와 같이 피고인이 팔을 꺾어 칼을 놓치고 꼼짝 못하는 상황에서 대걸레 자루로 자신을 가격하였다는 취지로 진술한 반면, 피고인은 피해자가 식칼을 들고 위협하자 이에 대항하기 위하여 대걸레를 들었으나 피해자가 너무 가까이 접근한 상태 여서 대걸레를 놓고 피해자의 팔을 꺾었을 뿐 대걸레 자루로 피해 자를 가격하지는 않았다는 취지로 주장한다.
In light of the following circumstances acknowledged by evidence, it is difficult to believe the victim's statement as it is, and other cases.