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Defendant
All appeals filed by A and B and by the Prosecutor against Defendant B and D are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A, B (1) and B did not contain any misunderstanding of facts and any misunderstanding of legal principles as indicated in the judgment below, and even if Defendant A and B used the victims to assault, this constitutes legitimate self-defense or legitimate act as a passive defense corresponding to the above victims’ assault. However, the court below found Defendant A and B guilty of all the facts charged in this case. Thus, the court below erred by misapprehending the legal principles as to the mistake of facts, self-defense or legitimate act, which affected the conclusion of the judgment.
(2) The sentence (Defendant A: a fine of KRW 3 million, Defendant B: a fine of KRW 300,000) sentenced by the lower court is too unreasonable.
B. The Prosecutor’s sentence (Defendant D: a fine of KRW 800,000) sentenced by the lower court to Defendant B and D is too unhued and unreasonable.
2. Determination
A. (1) Determination of misunderstanding of facts and misapprehension of legal principles by Defendant A and B (i) an act that does not violate social rules under Article 20 of the Criminal Act refers to an act that is acceptable in light of the overall spirit of legal order or the social ethics or social norms surrounding it, and whether certain act is justified as an act that does not violate social rules and thus, should be determined individually by considering the following specific circumstances. Thus, to be recognized as a legitimate act, the following requirements are met: (i) legitimacy of the motive or purpose of the act; (ii) reasonableness of the means or method; (iii) balance of the protected interest and the benefit of infringement; (iv) balance of the benefit of infringement; and (v) supplementary nature of the act that does not have any other means or method than the act (see, e.g., Supreme Court Decisions 2003Do300, Sept. 26, 2003; 2003Do4934, Jun. 25, 2004); and (iii) self-defense under Article 21 of the Criminal Act.