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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles only asked questions as to the grade of a person who rendered distinguished services to the State by the Defendant, and the public official C asked the Defendant without providing a proper explanation. Accordingly, the Defendant’s act of benefiting from a lare constitutes self-defense. 2) The lower court’s punishment of unreasonable sentencing (a fine of five million won) is too unreasonable.
B. The lower court’s sentence is too unfilled and unfair.
2. Determination
A. On January 2, 2018, around 18:20 on January 2, 2018, the summary of the facts charged is as follows: (a) the Defendant refused a demand to raise the grade of D offered by a public official C, a team leader of the said Veterans Office, at the second floor office of the Daejeon District Veterans Administration, 1047, Seo-gu, Seo-gu, Seowon-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, the second floor office of the Daejeon Veterans Administration; (b) presented relevant data and documents, and explained the situation; (c) the Defendant’s sound, such as “whether document was fabricated, and it was not distorted.” Accordingly, the Defendant abused a public official performing the legitimate duties in relation to the examination of persons who rendered distinguished services to the State for about five minutes. In so doing, the lower court determined that the instant crime does not constitute self-defense, and found the Defendant guilty.
In addition to the circumstances revealed by the court below, i.e., the circumstances acknowledged by the evidence duly adopted and examined, i.e., C consistently stated in the investigative agency that “I would not respond to the request of the defendant, and the defendant was satisfing in good hands by sating sound (Evidence No. 15 pages of the evidence record).” The court of the trial stated that “The defendant did not datfe the defendant’s body while demanding the defendant to leave,” and the statement is specific and consistent.