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The judgment of the court below is reversed.
A defendant shall be punished by a fine of 500,000 won.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. The Defendant does not have received the victim’s face.
B. In light of the legal principles, the Defendant only shouldered the victim’s fingers to defend the victim’s face in his/her face.
Therefore, the defendant's act constitutes self-defense.
C. The sentence of an unreasonable sentencing (700,000 won of a fine) imposed by the lower court is excessively unreasonable.
2. The lower court determined that: (a) the victim B has credibility in the victim’s statement in light of the following circumstances: (b) the victim B consistently stated that “the Defendant had committed an assault on one’s face” until the investigative agency and the court; (c) the police was dispatched to the scene and the victim’s photograph was red; and (d) the victim was issued with the injury diagnosis after the victim’s diagnosis that he suffered an injury on the part of the inner part after the formation of the crime; and (d) the victim was issued with the victim’s face after the victim’s statement, according to the victim’s statement, the Defendant was found to have received the victim’s face.
In light of the evidence duly adopted and examined by the court below, the judgment of the court below is justified, and the defendant's assertion of mistake is without merit.
3. As to the Defendant’s assertion of legal principles, the lower court determined that the Defendant’s self-defense cannot be established on the ground that the Defendant’s act of defense, such as the Defendant’s physical self-defense, although the Defendant was a physically disabled person cut off, and the Defendant’s act of defense, such as physical self-defense, was likely to be committed, and that the Defendant’s act of attack was committed by asking B’s finger by asking B’s finger will
However, the defendant argued that "the defendant was satisfe of the victim to escape from the victim who assaults his/her own body," but rather, the victim got his/her face and went beyond the victim's body.