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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 500,000.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles 1) The Defendant did not have any fact that prices the part of the victim’s snow, and the possibility that the injury, such as the victim’s eye and sacrine, cannot be ruled out that there is no causation between the Defendant’s act and the victim’s injury. 2) The Defendant did not only dispute the victim’s attack against himself/herself and his/her father from the attack, but did not assault the victim with the aggressive intent.
3) Even if the Defendant’s harmful act is recognized, the victim’s act was disputed with the victim to defend himself/herself and his/her incidental because the victim had continuously exercised violence toward the Defendant’s father/her father/her mother at the time, which constitutes self-defense. (B) The sentence imposed by the lower court of unreasonable sentencing (2 million won of a fine) is too unreasonable.
2. Determination on the grounds for appeal
A. On September 13, 2016, the Defendant was found to be the Defendant at first place under the influence of alcohol around 21:45 on September 13, 2016, at the request of the injured party C (the age of 51) before the Defendant’s home located in Ulsan-gun, Ulsan-gun, the Defendant was unable to receive KRW 1,00,000 from the injured party D who was the seat of the injured party, and returned the above money from the injured party at a lower level on the same day while demanding repayment. The injured party who was not good for payment of the money was able to get back the money from the injured party during the same day. From 20:00 to 20:55 on the same day, the Defendant was able to recover from the injured party E who was living together with the injured party during the period between 20:00 and 20:15 on the same day, but the Defendant was able to look back the Defendant’s head and sound without returning to the Defendant’s son’s her mother and sound.