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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by a fine of 500,000 won.
Defendant
A.
Reasons
1. Summary of grounds for appeal;
A. Defendant B (1) The defense of Defendant B is merely a passive defense by setting aside his hand against Defendant A’s assault, and thus constitutes a legitimate defense.
2) The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.
B. The prosecutor (as to Defendant A)’s sentence (as to the penalty amounting to KRW 500,00,000,000) of the lower court is deemed to be too unfilled and unreasonable.
2. Judgment on the grounds of appeal by Defendant B
A. The following circumstances, which can be acknowledged by the evidence duly adopted and investigated by the legitimate defense court, are, namely, that the defendant committed an assault by the defendant A in an investigative agency, and the defendant was pushed ahead with the defendant A.
In light of the fact that the written statement was prepared, the circumstances surrounding the fighting between the Defendants, and the degree of violence, etc., it is reasonable to view that Defendant B’s act of taking the chest in good faith against Defendant A’s assault cannot be deemed to be a minimum defense act and an act of separate attack is an act of attack. Thus, Defendant B’s legitimate defense defense cannot be accepted.
B. In order to recover damage, Defendant B deposited KRW 2 million.
Defendant
There is a reason to take into account the motive for the crime that a fighting has started due to the outbreak of conduct A.
Defendant
The degree of violence committed by B is relatively much serious because the chest is tight.
Defendant
B There is no record of crime except for punishment as a fine for one-time driving without a license in 2014.
However, although Defendant B did not intend to do so, there was a serious injury to Defendant A as a result.
In addition, in full view of all other circumstances that are conditions for sentencing, such as the Defendant’s age, sex, environment, family relationship, motive and method of committing the crime, and circumstances after committing the crime, the sentence of the lower court cannot be deemed to be unfair because it is too large. Therefore, Defendant B’s improper assertion of sentencing is without merit.
3. A prosecutor;