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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles (as to the case of 2018 Highest 2737 case), the Defendant did not have any fact that he had the victim’s interest, and rather, the Defendant was the victim’s self-defense with the victim’s interest. However, the lower court erred by misunderstanding of facts and misunderstanding of legal principles.
B. At the time of each of the instant crimes, the Defendant was in a state of mental disability due to depression.
C. The lower court’s sentence (one year and six months of imprisonment) imposed on the Defendant is too unreasonable.
2. Determination
A. In the case of a misunderstanding of facts and misapprehension of legal principles, the lower court’s determination is justifiable in full view of the following: (a) the circumstances acknowledged by the evidence duly adopted and examined by the lower court and the first instance court; (b) the CCTV images taken on the scene of the instant crime: (c) the fact that the Defendant attempted to use a victim’s sound or drinking, and attempted to use the victim’s secret by drinking, and did not recognize the fact that the victim committed an assault; (b) the victim, who is a doctor in charge in an emergency room where many patients are waiting, did not have any reason to injure or commit an assault; and (c) the lower court’s determination does not seem to have been erroneous in matters of law by mistake of facts and misapprehension of legal principles. Accordingly, even in the case of the Defendant’s assertion that this part of this case was self-defense of the victim first, but the Defendant did not have any legitimate reason to attack the victim, as the lower court did not properly explain, and thus, cannot accept the CCTV’s assertion in advance.
B. The Defendant at the time of each of the instant crimes.