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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In determining facts, the Defendant was unilaterally assaulted by the victim E and his behaviors, and did not assault or injure the victim in collaboration with F, and even if the result of the victim’s injury was caused by the Defendant’s act, it constitutes a passive resistance that occurred in the course of having attempted not to put the microcom base, and constitutes a justifiable act, and thus, the Defendant is acquitted.
B. The sentencing of the first instance court on the unfair sentencing (700,000 won of fine) is too unreasonable.
2. Determination
A. Comprehensively taking account of the evidence duly adopted and examined by the first instance court as to the assertion of mistake of facts, the fact that the Defendant and the victim suffered bodily injury, such as the inner section and the head of fat, etc., where the Defendant and the victim suffered from the body of the Defendant and the victim during the stage of the first instance trial, and the Defendant and the victim and the victim, etc. were able to be able to blickly and boomed with each other. In the process of physical fighting, the Defendant and the Defendant jointly recognized the fact that the victim suffered from bodily injury, such as the fat, the fat, etc., where the victim suffered from fat, the fat and fat, and the fat, etc., where the victim suffered from batd fat, and the fatd fat, etc., where the victim suffered from physical injury
In addition, the body fighting between the Defendant, F, and G, etc. is merely a defensive act against the other party’s conduct, not a defensive act against the other party’s conduct, but a harmful act with the intent of mutual attack, and the above act by the Defendant is not a passive defensive act, and it does not constitute a justifiable act that the legal order permits.
Therefore, the defendant's assertion of mistake is not accepted.
B. On the assertion of unfair sentencing, the Defendant expressed the details and motive leading up to the instant case, the degree of participation, the form of conduct, the degree of injury, and the victim expressed his intent not to punish the Defendant in the court of first instance, but the Defendant expressed his intention not to punish the Defendant.