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The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
A. In order to prevent the spitation of the victim's face, there is no fact that the victim inflicted an injury on the victim by means of cutting down the spits into the victim's face by hand and inserting the spits into the victim's seat.
B. The Defendant’s act constitutes a legitimate act or self-defense that does not violate social rules, since the Defendant was merely engaged in his/her fingers to deduct his/her fingers from his/her fingers.
C. The lower court’s sentence of unreasonable sentencing (the fine of KRW 700,000) is too unreasonable.
Judgment
A. In light of the following circumstances acknowledged by the lower court’s evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts, namely, ① there was a dispute between the Defendant and the victim in connection with the case in which the Defendant filed a complaint against the victim by defamation; ② the Defendant first asked his/her fingers to ask the victim. However, according to the inquiry of whether the Defendant was faced with the Fnean medical clinic, inquiry of the fact, investigation report (related to attachment of B hospital medical records, and the charge of the Defendant’s accusation), etc., the Defendant’s fingers caused the Defendant’s fingers by inserting his/her fingers into the victim’s fingers can be acknowledged as having inflicted an injury on the victim by inserting them into the victim’s fingers.
Therefore, the judgment of the court below that convicted the defendant is just and the defendant's assertion of mistake is not justified.
B. According to the fact-finding inquiry about Fnean National Assembly members of Fnean, it is recognized that the upper part of the Defendant’s fingers caused by the Defendant’s fingers was not a physical wound as soon as possible. Therefore, it is difficult to believe that the Defendant’s assertion that the Defendant was merely flicking the Defendant’s fingers and flicking the Defendant’s fingers to cut it out.
Therefore, the argument that the defendant's act constitutes legitimate act or self-defense is without merit.
C. Determination on the assertion of unfair sentencing