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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by a fine of KRW 2,000,000.
Defendant .
Reasons
1. Summary of grounds for appeal;
A. Defendant A1) misunderstanding of the facts and misapprehension of the legal principles, Defendant A did not see Defendant B’s chest, and therefore, Defendant B did not suffer any injury.
2) The sentence of the lower court (an amount of KRW 4 million) that is unfair in sentencing is too unreasonable.
B. Defendant B (1) misunderstanding of the legal doctrine is a legitimate defense against Defendant B’s violence, and its illegality is dismissed.
2) The sentence of the lower court that is unfair in sentencing (an amount of KRW 300,00) is too unreasonable.
2. Determination
A. Defendant A’s assertion of misunderstanding the facts and misapprehension of the legal doctrine of Defendant A was a fact that Defendant A had a dispute, such as scambling each other in the course of breaking the head debt in the course of breaking out the case, but there was no act of scambling the victim’s chest due to misunderstanding of the facts and misunderstanding of the legal doctrine.
The argument is asserted.
However, in full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below and the court below, it is recognized that the above defendant inflicted an injury on B, such as scarfing the chest part of the chest part of the defendant, etc., by walking the scarf, etc., and thus, the defendant A's allegation in this part is without merit.
① In the vehicle driven by the I at the time of the occurrence of the instant case, K (hereinafter referred to as “K (M)”) was a chief class, L was a chief class, L was a back class, and the Defendant A was a back class, and B was a driver’s seat.
② Defendant A and B were staying home while working at the workplace, and Defendant A and B were in conflict with each other, and Defendant A and B were in conflict with each other, and they were in conflict with their head and fighting.
A dispute is created and the body fighting has occurred and has been on the back of the early fighting.
L L L L L while driving
I tried to put up a vehicle to I.
③ According to Defendant A’s statement in the lower court, Defendant A was placed on the lower part of the place where L was set, due to the fact that Defendant A was fighting one’s hair and fighting one’s hair. B.