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Defendant
All appeals filed by B and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant B 1) In fact, the Defendant merely suffered an injury unilaterally from the joint Defendant A (hereinafter “A”) and did not inflict an injury on A as stated in the facts constituting a crime in the judgment below.
Nevertheless, the judgment of the court below that found the defendant guilty is erroneous in the misapprehension of facts.
2) Legal doctrine misunderstandings, even if the Defendant had committed a violation
This constitutes a passive defensive act to escape from the illegal attack of A, which is a legitimate act.
Nevertheless, the judgment of the court below that found the defendant guilty is erroneous in the misapprehension of legal principles.
B. The sentence of the lower court (a fine of KRW 5 million, Defendant B: a fine of KRW 700,000) against the Defendants by the prosecutor (unfair sentencing) is too uneased and unreasonable.
2. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below regarding Defendant B’s assertion of misunderstanding of the facts and the legal principles, the defendant can sufficiently recognize the fact that the defendant inflicted an injury on A as stated in the facts constituting the crime in the judgment below, and it is difficult to view the defendant’s above act as a legitimate defense in light of the method and degree of injury inflicted on the defendant, overall motive and circumstance, etc., and therefore, the defendant’s misunderstanding of the facts and misapprehension
① In an investigative agency and court of the court below, “A” had the Defendant’s clothes, dispute, and franched with franchising, and had the company franched to the entrance of an outdoor emergency stairs on the fourth floor. The Defendant blicked two separate clothes, followed the Defendant’s blick, and blicked the head of the blick, and blicked the head of the blick, and blicked the head of the blick.
Since then, in the process of balping and wrapping with the defendant, the defendant was pushed down with the wall, and the wall was cut off.
The clothes are suitable for clothes.