Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In order to make a report to the police after having been abused by F from F, the victim E took the cellular phone of the defendant, and the defect E about to find a mobile phone again was assaulted against the defendant due to mathy.
The defendant is only a victim of violence from E, and there is no injury to E.
B. Legal principles, even if the defendant injured the victim, this constitutes self-defense or legitimate act by an act occurred in the process of finding a mobile phone from the victim.
C. The sentence (one million won of fine) imposed by the lower court is too unreasonable.
2. Determination
A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts: ① The victim consistently stated from the investigative agency to the court of the court below as to the specific damage circumstance: “The victim, from the investigative agency to the court of the court of the court below, she saw the interior of the stud in the sing room in which the table was used. The defendant was scam and scam out of the studio. The defendant was scam and scam out of the studio. The defendant scam scam scam and scam scam scam scam scam, and the defendant scam scam scam scam and scam scam scam scam scam scam scam, and the victim scam scam scam scam scam scam.