The part against Defendant A in the first and second original judgments shall be reversed, respectively.

Defendant

A Fines 1,500.

Summary of Grounds for Appeal

Defendant

A misunderstanding of facts or misunderstanding of legal principles, although the Defendant did not have intended the victim G at the time of the instant case, the lower court convicted the Defendant of this part of the facts charged, which affected the conclusion of the judgment by misunderstanding the facts.

Although the Defendant did not see the Victim G at the time of the instant case, and it was merely passive resistance against the Victim B, and thus, the illegality should be avoided. However, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

The respective sentence of unfair sentencing (the first judgment of the court below: the fine of KRW 500,00,000 and the second judgment of the court of appeal: the fine of KRW 1 million) of the court below is too unreasonable.

Defendant

B. The Defendant, at the time of the instant case, committed a passive resistance to protect himself and wife G from an unfair assault by the victim A. Thus, the Defendant’s act should be justified as self-defense. However, the lower court’s judgment convicting the Defendant of this part of the facts charged, which erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

The sentence of the court below on unreasonable sentencing (the fine of 1.5 million won) is too unreasonable.

According to the evidence submitted by the prosecutor (Defendant B) and the prosecutor, the facts that Defendant B used the victim’s assault at the time of the instant case are recognized, and the act of Defendant B goes beyond the passive defense and does not constitute self-defense. However, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

The above sentence of the court below on the defendant B of unfair sentencing is too uneased.