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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of legal principles) is as follows: (a) the defendant unilaterally committed an assault against the injured party while getting out of the assault; and (b) the defendant's face is taken once by drinking to escape from the assault; (c) the defendant's act constitutes a legitimate act or a legitimate defense
2. Determination
A. The Defendant also asserted the same purport in the lower court, and the lower court rejected the aforementioned argument by explaining the grounds for its determination (the grounds for its argument are the same as that of the Defendant’s act in the first instance trial, even though it added to the assertion that the Defendant’s act may be evaluated as a justifiable act). (b) In a case where the appellate court intends to conduct a re-assessment of the first instance judgment after an ex post facto determination, even though there was no new objective reason that may affect the formation of a documentary evidence during the trial process, it should have reasonable grounds to deem that the first instance judgment was clearly erroneous or that the argument leading to the acknowledgement of facts is considerably unfair due to the violation of logical and empirical rules, and without such exceptional circumstances, the lower court reverses the judgment on the acknowledgement of facts of the first instance judgment without permission (see Supreme Court Decision 2016Do18031, Mar. 22, 2017).
Based on the above legal principles, Finin is considered as follows.
First of all, there is no objective reason to affect the formation of new conviction in the trial.
In addition, according to the evidence duly adopted and examined by the court below, considering the following: (a) the fact that the defendant and the victim seem to have committed the act of assault during the process of exchanging violence, the defendant's act at the same time is a defensive act; and (b) the defendant's act has the nature of an attack at the same time; and (c) the defendant's act is justifiable and means of motive or purpose in the situation where the act of attack between the defendant and the victim occurred.