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The judgment of the court below is reversed.
Defendant
A shall be punished by a fine of 4,00,000 won, and a fine of 1,00,000 won.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (two months of imprisonment and two years of suspended execution) against Defendant A is too unreasonable.
B. Defendant B (1) misunderstanding of facts or misunderstanding of legal principles when Defendant B’s act of an undiscriminatory and cruel attack by Defendant A was committed. Thus, this constitutes self-defense or excessive defense under Article 21(3) of the Criminal Act. Nevertheless, the lower court convicted Defendant B of the facts charged on Defendant B by misunderstanding of facts or misunderstanding of legal principles. (2) The lower court’s punishment of the lower court against Defendant B (fine 2,000,000) is too unreasonable.
2. Determination
A. In full view of the evidence duly adopted and examined at the court below's decision on the assertion of mistake of facts or misapprehension of legal principles, it can be recognized that Defendant B started only after the following day from Defendant B to the same day as the facts charged in the instant case. Thus, it cannot be deemed that there was a current unfair infringement of the legal interests of Defendant B at the time Defendant B when Defendant B was committed, and it cannot be deemed that Defendant B was at the time of Defendant B's fear, bad faith, entertainment, or confusion in an unstable situation. Thus, Defendant B's act cannot be deemed as falling under the self-defense, excessive defense, or erroneous defense as stipulated in Article 21 (1) of the Criminal Act. Thus, Defendant B's above assertion is without merit.
B. As to the Defendants’ assertion of unfair sentencing, Defendant A’s judgment on the Defendants’ assertion of unfair sentencing is based on the fact that Defendant B used a discriminatory assault against Defendant B to inflict a very serious injury on him, Defendant B does not seem to have a good quality of each of the crimes in this case in that he provided the cause of the occurrence of this case.
However, the defendants reflects the wrongness, and the defendant A is the first offender, and the defendant B has been punished once as a fine for a long time.