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The judgment of the court below is reversed.
Defendant
A shall be punished by a fine of KRW 1,000,000.
Defendant
A does not pay the above fine.
Reasons
1. Summary of grounds for appeal;
A. The lower court’s punishment against Defendant A (a fine of KRW 1,500,00) (a fine of KRW 1,50,000) is too unreasonable.
B. Defendant B (1) Although Defendant B was not guilty of Defendant B’s chest part of Defendant A’s chest, the lower court found Defendant B guilty of this part of the facts charged. In so doing, the lower court erred by misapprehending the legal doctrine on misunderstanding of facts, which led to Defendant B’s passive act to defend Defendant A’s assault, and thus constitutes self-defense. However, the lower court convicted Defendant B of this part of the facts charged. In so doing, the lower court erred by misapprehending the legal doctrine.
2. Determination
A. We examine ex officio the Defendants’ grounds for appeal prior to the judgment on the grounds for appeal.
【Revised Indictment】
1. At around 20:40 on October 31, 2017, Defendant A committed an act of publicity by dividing the part of the “D” marina shop operated by Defendant A before the Jung-gu Busan Metropolitan City hotel into “D”, and the victim B (the victim 37 years of age) was “Y,” “Y,” and Defendant A’s chest part of Defendant A was fluord about six times, and the victim fluored into the above C hotel in which “J” operated by the victim B, and she fluored the part of the victim fluor, and fluored the head fluor, thereby causing injury to the victim, such as the right hand knife, the right part requiring treatment for about two weeks.
2. At around October 31, 2017, Defendant B assaulted the victim at least six times on the ground that the victim A (n, 57 years of age) took part in the front of the “D” marina business operated by the victim A (n, and 57 years of age) before the said C hotel and promotional activities are carried out by dividing the part of the victim’s chest to the people.
In the trial of the court, the prosecutor applied for permission to modify the indictment of this case as follows, and this court shall do so.