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The judgment below
The part against the defendant shall be reversed.
Defendant shall be punished by a fine of one million won.
The defendant above.
Reasons
1. Summary of grounds for appeal;
A. In light of the legal principles, the Defendant, first of all, abused the victim and boomed the victim, committed a unilateral assault against the victim as well as the wife of the victim listed on the part of the Defendant, and inflicted an injury on the victim as stated in the facts constituting a crime in the judgment in order to resist passive resistance. Thus, the Defendant’s act constitutes self-defense or legitimate act, and the judgment of the court below which convicted the Defendant is unjust.
B. The lower court’s sentence (1.5 million won of a fine) imposed on the Defendant is too unreasonable.
2. Determination
A. In a case where it is reasonable to view that the perpetrator’s act of judgment as to the assertion of misapprehension of the legal principles is not for the purpose of defending the victim’s unjust attack, but for the intent of attacking one another, and thus, the perpetrator was forced to attack and set up against it, the harmful act has the nature of the act of attack at the same time as the act of attack. Therefore, it cannot be
(2) According to the records, etc. based on the above legal principles, the defendant was found to have suffered loss of fry that needs to be treated for about six weeks due to the victim's act of violence. Meanwhile, according to the evidence duly adopted by the court below, according to the evidence duly adopted by the court below, the victim suffered loss of fry's fry that needs to be treated for about three weeks due to the crime of this case, and the degree of the injury can only be deemed to be negligible (Evidence No. 11, 36 of the evidence record), ② when a police officer dispatched after receiving a report No. 112 arrives at the site of this case, the defendant and the victim reached the site of this case, and even if the defendant's act was somewhat fighting with frequent fighting (Evidence No. 7 of the evidence record).