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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
However, for four years from the date this judgment becomes final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. Fact-finding 1) With respect to the crime of assault, the Defendant did not assault the victim’s chest and shoulder by drinking, and the victim was pushed the victim in the process of defending the victim’s chest and her chest. As such, the Defendant’s act constitutes self-defense and thus, illegality is excluded. (ii) As to the crime of similar rape, the Defendant did not have committed any act of similarity by force against the victim’s will, and did not assault or threaten the victim to the extent that it would make it impossible or considerably difficult for the victim to resist at the time.
3) In relation to the act of injury, the upper part of the victim suffered from the injury was caused in the course of preventing the Defendant from doing an act that the victim gets knife by knife and knife with windows. As such, the Defendant did not have the intent of injury. Even if the intent of injury is acknowledged, the Defendant’s act constitutes an emergency evacuation and the illegality of the act is excluded. (B) The sentence of the lower court of unfair sentencing (two years of imprisonment, 80 hours of order, etc
2. Determination
A. In light of the following circumstances acknowledged by evidence duly adopted and investigated by the lower court and the lower court’s judgment on the assertion of mistake of facts: (a) the lower court’s determination that the Defendant committed an assault against the victim as stated in paragraph (1) of the instant facts charged is justifiable; and (b) the Defendant did not constitute self-defense on the ground that the Defendant’s act of threateninging the victim cannot be deemed an act to protect the victim from unjust infringement by social norms. The Defendant’s assertion is without merit. (1) On October 11, 2018, the victim first made a statement at T Center on the facts of the instant damage, which was two weeks after the occurrence of the instant crime, and the Defendant made two times the Defendant made a statement on the victim’s chest and shoulder part by drinking (Evidence 12 of the evidence record, the lower court’