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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 700,000.
The above fine shall not be paid by the defendant.
Reasons
Summary of Grounds for Appeal
With regard to the injury caused by mistake of facts, the victim C cannot be injured by the act of the defendant on the ground because the center of the victim C only saw the defendant's arms and did not sit on the ground floor.
With regard to the point of misunderstanding legal principles, the Defendant’s assaulting the victim constitutes self-defense as it constitutes self-defense, inasmuch as the Defendant’s assaulted the victim is a net act that is likely to debris by plucking or plucking the victim, is likely to debris the victim, and the victim is flaged, extending to drinking, and coming up.
The punishment (one million won of fine) sentenced by the court below on unreasonable sentencing is too unreasonable.
Judgment
On May 8, 2019, at around 16:23, 2019, the Defendant brought an injury to B on the Busan Gangseo-gu Dridge located immediately adjacent to the Defendant’s dwelling area, and brought an injury to B continuously by assaulting B. However, due to disability, the Defendant did not go to B, and left C at once on the ground floor of the Defendant’s left side of the Defendant, and caused C to sit the victim C to sit on the ground floor, thereby causing C to suffer an injury for 21 days.
The lower court found the Defendant guilty of this part of the facts charged in full view of the evidence in its judgment.
According to the evidence duly adopted and examined by the court below, the fact that the defendant took the victim's ship in his/her place one time is recognized.
However, in full view of the following facts and circumstances, it cannot be readily concluded that the victim suffered injuries to the salt and tension that require treatment for 21 days due to the Defendant’s above act.
According to CCTV images, the victim is the body of the defendant, and the victim has been seated later, but this is the visvise of the bridge.