The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B shall be punished by a fine of 2,000,000 won.

Defendant .

1. Summary of grounds for appeal;

A. Regarding Defendant A’s (i) mistake of facts and misapprehension of legal principles on the crime committed on December 13, 201, Defendant A was in a state of mental and physical apprehension due to repeated assault and obsive behavior of the victim B, her husband, during marriage life, and on the day of the instant case, only intimidation was made in order to prevent the victim B from approaching the said B to defend the defect of the assault, and there was no fact of intimidation. On February 18, 2012, the crime committed on February 18, 2012 also was assaulted by the victim B, and thus, it constitutes self-defense. Therefore, this constitutes a self-defense.

The sentence sentenced by the court below on the grounds of unfair sentencing (six months of imprisonment, one year of suspended execution) is too unreasonable.

B. Defendant B (i.e., mistake of facts) did not assault or injure the victim A at the time and place stated in each of the facts charged of this case.

The sentence sentenced by the court below on the grounds of unfair sentencing (six months of imprisonment, one year of suspended execution) is too unreasonable.

2. Determination

가. 피고인 A의 항소이유에 대한 판단 ⑴ 사실오인 및 법리오해 주장에 대한 판단 ㈎ 2011. 12. 13. 자 범행에 대한 판단 원심이 적법하게 채택하여 조사한 증거에 의하면, 처인 피고인 A의 불륜관계를 의심하고 있던 피해자 B은 공소사실 기재 일시에 늦게 귀가한 피고인 A이 회사일로 늦었다고 거짓말을 하자 피고인 A의 뺨을 때렸고, 딸 G의 방으로 들어간 피고인 A을 따라가 말다툼을 하면서 목을 조른 사실, 이에 피고인 A은 위 방을 나와 부엌에 있던 식칼(길이 20cm )을 들고 뒤따라 나온 위 B을 향해 “너 죽인다”라고 말한 사실을 인정할 수 있다.

As such, it is reasonable to view that Defendant A’s act of attacking the above B’s assault with a knife, which is a deadly weapon, has the nature of attack as an active attack beyond the limit of passive defense. The statement of the lower court witness G alone is the same.