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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In order for the victim to enter a cooking book without permission, the defendant of mistake of facts only obstructed the victim's front before the victim's sale, and did not assault the victim as stated in the facts charged in this case.
B. The Defendant, by misapprehending the legal principles, made a minimum defense to protect himself/herself from an unlawful attack by the victim and to escape it. The Defendant’s act does not violate social rules and is not unlawful.
C. The lower court’s sentence of unreasonable sentencing (200,000 won of fine) is too unreasonable.
2. Determination
A. 1) Determination on the assertion of mistake of facts is consistent with the following circumstances acknowledged by the evidence duly adopted and investigated by the court below: (i) the victim made a statement from the investigative agency to the court below to the court below that “the defendant took his arms and led him to the outside of the kitchen,” and (ii) the F made a statement that “the defendant and the victim were fighting at the time of the instant case, but the defendant was fighting the body of the victim at the time of the instant case,” and (iii) the defendant made a statement corresponding to the victim’s above statement in light of the following facts: (a) the victim took the arms from the investigative agency to the court below to the court below; and (b) the victim took the arms of the victim at the time of the instant case; and (b) the fact that the defendant was aware of the victim’s arms at the time of the instant case; and (c) the defendant abused the victim’s arms as stated in the facts charged.
2) Accordingly, the defendant's above assertion is without merit.
B. Determination of the misapprehension of legal principles 1) The above act of the defendant constitutes an act of attacking the victim more actively than to escape from the victim's attack. Thus, it cannot be said that it constitutes a legitimate act that does not violate the other party's self-defense or social norms against illegal infringement.