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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misapprehension of legal principles, the Defendant did not have committed the victim as stated in the facts charged.
Defendant who assaults or injured a victim;
Even if recognition is made by his father, the victim was the victim who caused the victim's finger, and the victim was the victim's finger, and the defendant resisted passively in order to get the victim's finger, and therefore, it is a legitimate act that does not go against the defense of the party or the social norms.
B. The lower court’s sentence (an amount of KRW 500,000) against an unfair defendant in sentencing is too unreasonable.
2. Determination
A. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of misunderstanding of facts and legal doctrine: (i) the victim’s statement at the investigative agency and the court of the lower court is somewhat vague; (ii) the victim’s statement at the lower court is specific and consistent; (iii) the victim’s statement at the Defendant’s home, even if based on the statement F of the witness F of the lower court, was able to hear the sound satisfing at the Defendant’s home and satisfed in the Defendant’s house; and (iv) the victim was satisfing the Defendant’s finger.
In light of the fact that the defendant saw the victim's neck first before the victim gets his finger from the victim, and sufficiently recognized the fact that he saw the victim's neck in the victim's inner part.
The defendant had his father when he was the victim in order to restrain the victim.
In light of the developments leading up to the occurrence of the instant case and the method and degree of injury, the Defendant’s act of injury at the same time is a defensive act, and thus cannot be deemed a legitimate defense act. As seen earlier, the Defendant’s act of injury does not violate the social rules as a passive resistance act, as long as the Defendant first gets the victim at the time prior to his finger.