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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The judgment of the court below which found the defendant guilty of the facts charged is erroneous in the misapprehension of legal principles, even though the defendant's act was committed in order to escape from a group assault from the victim's conduct and thereby constitutes self-defense.
B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 300,000) is unreasonable.
2. Determination
A. In light of the circumstances acknowledged by the evidence duly adopted and investigated by the lower court, such as the Defendant’s partial statement in the lower court, E, G, and F’s legal statement in the lower court, H’s statement in investigation agency, injury diagnosis, and upper part photograph, etc., in particular, G, and H were at the scene after a dispute between the Defendant and the victim occurred, so it is difficult for the Defendant to be deemed to have unilaterally committed an assault against the victim from the beginning. While the Defendant was not at a large level due to a fighting with the victim, the Defendant was not at a fighting with the victim, on the other hand, a serious injury, such as the victim’s vision that requires approximately five weeks medical treatment, and the Defendant was at the risk or body of the victim, and the Defendant appears to have committed an act of expressing the victim’s face or body even after the victim went beyond the victim’s body, it cannot be deemed self-defense merely because the Defendant did not actively defend the victim’s intent of attack, but did not constitute self-defense.
Therefore, the defendant's assertion of mistake or misapprehension of legal principles is without merit.
B. The fact that the defendant's decision on the assertion of unfair sentencing does not oppose the denial of the crime, the fact that there are several occasions of punishment for the same kind of violent crime, the degree of damage did not reach an agreement or no recovery from damage until the trial regardless of the degree of damage, and other reasons.