beta
Text
The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
misunderstanding of facts and misunderstanding of legal principles only have asserted against the victim A and eight unilateral assaults to defend himself/herself, and there is no fact of assaulting the victim. Even if so, the defendant's act constitutes self-defense and thus the illegality is excluded.
The sentence of the court below on unreasonable sentencing (the fine of 300,000 won) is too unreasonable.
Judgment
In order to establish self-defense stipulated in Article 21 of the Criminal Act claiming mistake of facts and misapprehension of legal principles, defense activities must be socially reasonable, taking into account all specific circumstances, such as the type, degree, and method of infringement of legal interests infringed by the act of infringement, and the type and degree of legal interests to be infringed by the act of defense.
(3) In addition, in the process of concluding fighting, the witness K stated that the victim A was aware of his/her assault from the defendant and the defendant when the victim was the defendant. (4) The above witness's statements are mutually consistent with each other in its concrete contents, and are consistently maintained from the investigation stage to the court of the court of the court below, and thus, consistently stated that the victim A suffered an injury by assault from the defendant during the investigation stage to the court of the court of the court below. (5) The witness I, J, H, and K also stated that the defendant was the first price of H in the court of the court of the court below. (4) The above witness's statements are consistent with each other in its detailed contents, and are consistently maintained from the investigation stage to the court of the court of the court below, and there is no reason to deny the credibility of each of the above statements. (5) The witness's motive for confession and confession in all of the facts charged in this case, as well as the specific motive for confession in the court of the court of the court below.