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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In relation to the assault against the victim G by mistake of fact, there is no assault by the victim, such as the victim's lusence and her getting out of the victim, leaving the victim on the floor.
(b) Taking out of the facility to prevent an interference with the business by misunderstanding the legal principles with sound of a victim, etc.;
In the process of doing so, the victim was suffering from one's own disease, and such act of the defendant constitutes a legitimate defense or a legitimate act.
(c)
The punishment of the lower court (hereinafter referred to as 4,00,000 won) that is unfair in sentencing is too unreasonable.
2. Determination
A. In full view of the evidence duly admitted and examined by the lower court as to the assertion of mistake of facts, the lower court can fully recognize the fact that the Defendant committed assault, such as using breaths of the said victim’s breath as recorded in the lower judgment, leading the victim out of the floor, and leading the victim out of the floor, and thus, the above assertion is without merit.
B. In full view of the court below’s legal statement of witness G of the party in the evidence duly admitted and investigated by the court below, it is recognized that the above victim found at the defendant’s work place and changed wages, and the Defendant, who saw the sound, made the victim out of the body and let the victim go beyond the floor.
If such factual basis is the same, the victim unilaterally committed an illegal attack and the defendant exercised the tangible power as a means of resistance to protect himself/herself from such attack and to escape from such attack.
As such, the defense of a political party or the assertion of a justifiable act cannot be accepted.
(c)
While there was a dispute with the victim D about the unfair argument of sentencing, there is a reason to consider the circumstances as well as the injury of the above victim.
However, the degree of the injury suffered by the above victim is not easy, and it is not agreed with the victims.