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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. In the event of a dispute between the Defendant and the victim and the misunderstanding of facts and legal principles, the victim first saw 3 times the Defendant’s chest.
As a result, the defendant suffered 4 weeks of medical treatment, such as boness, etc.
The defendant's act is a legitimate defense as stipulated in Article 21 of the Criminal Act, because the defendant's act is so that the defendant is engaged in sofasing so that he can no longer comply with the victim.
B. The sentence sentenced by the lower court to the Defendant (the penalty amounting to five million won) is too unreasonable.
2. Determination
A. Comprehensively taking account of the evidence duly adopted and examined by the court below as to the assertion of misunderstanding of facts and legal principles, the defendant and the victim met each other at the time of the instant case, and there was a dispute related to fertilizer value, and the victim took the victim's fingers, and the victim took the victim's chests, and damaged the victim's bridge after taking the victim's fingers, the victim suffered an injury requiring medical treatment for about 42 days due to the defendant's act. At the time of the instant case, the victim was about 80 cm as a male under 70 cm, and the body weight was about 175 cm as the victim was about 65 cm, and the victim was about 155 cm as a female under 65 cm, and the victim was about 45 cm in body weight in light of the circumstances leading to the instant crime, the age of the defendant and the victim at the time of the instant crime, the victim's age at the time of the instant crime, and the victim was over the victim's body.
Even if the defendant's act of inflicting bodily injury on the victim constitutes a legitimate defense under Article 21 of the Criminal Code.
Therefore, the defendant's above assertion is without merit.
B. As to the Defendant’s crime of this case’s crime of determining the illegality of sentencing, the victim suffered an injury requiring medical treatment for about 42 days, which led to the degree of such injury.