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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 of mistake of facts is merely a person who spawns the victim by setting up against a continuous attack by the victim and did not inflict an injury on the victim by assaulting the victim.
B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.
2. Determination
A. On September 22, 2012, around 05:00 on September 22, 2012, the summary of the facts charged in the instant case was found guilty by comprehensively taking account of the evidence in the lower judgment, the lower court found the Defendant guilty on the basis of the following: (a) on the top of the packaging end in front of the packing end operated by the victim D in Seongbuk-gu, Changwon-si, Changwon-si; (b) the victim’s breath had been in dispute with each other; and (c) the victim’s breath was hump, thereby damaging the victim’s breath; and (d) the victim’s breath was
In full view of the evidence duly admitted and examined by the court below and the court below, the following circumstances are met, namely, ① the victim made a concrete statement from the investigative agency to the court below that “the defendant was satisfing across the roadside while fating his fat,” ② the defendant and the victim’s witness E appeared as witness in the investigative agency and the court below, and stated that “the defendant was satisfing with the defendant and the victim while satisfing the horse fighting, and satisfing the fat on the part of the victim, and the defendant was satfing the fat of the victim’s fat, so it was difficult for the victim to cause the occurrence of the victim.” ③ The defendant was injured by the victim and raised a complaint against the victim during the investigation procedure, in view of the fact that “the victim was fatd with the victim’s head and why satisfing the victim’s satisfing the victim’s floor.”