The defendant's appeal is dismissed.

Summary of Grounds for Appeal

misunderstanding of facts and misunderstanding of legal principles by the Defendant merely saw the victim’s right arms to the effect that the victim’s escape from the library reading room to flick the toilet, and did not assault the victim’s right arms as stated in paragraph (1) of the facts charged in this case, and even the Defendant’s act of killing the victim’s right arms by hand, etc. constitutes a justifiable act that does not violate social rules, and thus, is not unlawful.

The Defendant’s act constitutes a passive defensive act, and thus there is no illegality, because the Defendant’s act constitutes self-defense or legitimate act, as it is a passive defensive act. The Defendant’s act constitutes self-defense or legitimate act.

The punishment (fine 700,000 won) sentenced by the court below on unreasonable sentencing is too unreasonable.

Judgment

The lower court rejected the Defendant’s assertion on the assertion of mistake of facts and misapprehension of legal doctrine on the ground that the Defendant alleged the same purport as the alleged above, and the Defendant’s act did not constitute a justifiable act as a passive resistance that is not contrary to social rules or passive resistance according to the statement of the victim, C, as stated in the instant facts charged.

Examining the reasoning of the judgment below with the records of this case closely, the above judgment of the court below is just.

This part of the defendant's assertion is without merit.

If there is no change in the conditions of sentencing compared to the judgment of the first instance court on the assertion of unfair sentencing, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, new sentencing data is not submitted in the trial and the sentencing conditions are specified in comparison with the original judgment.