Defendant

All appeals by prosecutors are dismissed.

Summary of Grounds for Appeal

Defendant

misunderstanding of facts (the guilty part of the original judgment) is a self-defense or a legitimate act because the victim is provoking the defendant's spouse's chest to restrain it.

Nevertheless, the judgment of the court below which found the defendant guilty of assault is erroneous in misconception of facts.

The sentence of the lower court on unreasonable sentencing is too unreasonable.

According to the evidence of the prosecutor's misconception of facts (not guilty part of the reasoning of the judgment in the original trial), the defendant's assaulted the victim and suffered eight-way injury by the victim.

Nevertheless, the judgment of the court below which acquitted the injury as to the mistake of fact.

The sentence of the lower court on unreasonable sentencing is too uneasible and unfair.

Judgment

To recognize a certain act of the legal principles related to the determination of the defendant's assertion of mistake as a legitimate ground for the denial of illegality, such act is to defend against the current infringement of one's own or another's legal interest (see, e.g., Supreme Court Decision 92Do1520, Sept. 25, 1992). It is not an inevitable act to defend his/her own right against a victim's infringement, but it does not constitute self-defense. An act of attack that occurred from the purpose of avoiding a part of the infringement.

(See Supreme Court Decision 96Do241 delivered on April 9, 1996). Furthermore, “act that does not violate the social rules” under Article 20 of the Criminal Act refers to an act that is permissible in light of the overall spirit of legal order or the social ethics or social norms surrounding the act. To be recognized as a justifiable act, first, the legitimacy of the motive or purpose of the act, the reasonableness of the means or method of the act, the balance of the interests of the third protected interests and infringed interests, fourth urgency, and fifth, there is no other means or method other than the act.