Text
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by a fine of 4 million won.
Defendant
A.
Reasons
1. Summary of grounds for appeal;
A. In light of the misunderstanding of facts and legal principles, Defendant B’s misunderstanding and misunderstanding of the victim’s flabbage, thereby getting satisfed by the victim A’s satisfage around trees, but only satisfing the drugs as prescribed by A, and the fact that A did not receive more medical treatment, the fact of damage cannot be assessed as injury under the Criminal Act.
In addition, the defendant's act is merely a passive defense against A's attack.
Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged is erroneous by misunderstanding facts or by misunderstanding legal principles, which affected the conclusion of the
B. As to each sentence of the court below (defendant A and prosecutor), the defendant A asserts that it is too unreasonable for the prosecutor as it is too unfasible, too unfasible, for each sentence of the court below (the suspension of sentence of a fine of KRW 7 million, and a fine of KRW 500,000).
2. Judgment on the part concerning Defendant B among the judgment below
A. In full view of the evidence duly admitted and examined by the court below as to Defendant B’s assertion of misunderstanding of the facts and misapprehension of the legal principles, the court below rejected all Defendant B’s assertion that the injury inflicted on A cannot be evaluated as an injury, or the injury inflicted on A constitutes a legitimate defense or legitimate act, and it is just to have determined the court below guilty of this part of the facts charged.
Therefore, we do not accept the defendant's assertion of mistake or misapprehension of legal principles.
B. As to the prosecutor’s improper assertion of sentencing, Defendant B’s judgment on the prosecutor’s improper assertion of sentencing was recognized that the victim’s b was sculpted with breath of breath, thereby causing approximately two weeks injury.
However, the victim A had been drinking first to the defendant, and the defendant also suffered about three weeks of injury, and the victim A did not want the punishment of the defendant from the original trial to the trial court, and the age of the defendant is the age of the defendant.