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The defendant's appeal is dismissed.
Reasons
1. Of the facts charged in this case, the lower court found the victim D not guilty for the reason of the injury, and sentenced the remainder of the facts charged.
However, inasmuch as only the Defendant appealed the guilty part of the judgment of the court below and did not appeal all the prosecutor and the Defendant with respect to the acquittal portion of the reasons, the acquittal portion of the reasons pursuant to the principle of no appeal by the principle of no appeal shall also be judged in the court, but since the Defendant already went out from the object of the attack and defense between the parties, it cannot be determined in the trial as to that part.
(see, e.g., Supreme Court Decisions 2004Do5014, Oct. 28, 2004; 2009Do12934, Jan. 14, 2010). Therefore, with respect to the part on acquittal, the reasoning of the lower judgment is to follow the conclusion of the lower judgment, and it is not separately determined.
2. Summary of grounds for appeal;
A. In relation to the misapprehension of the legal principle of assault against the victim D, the defendant tried to defend and passively avoid the victim D's attack, but the victim D was actively fumpted, and he did not have any choice but failed to control the victim D because it could not cause damage to the other customers of the main place, and there was no intention to attack the victim D. Thus, it constitutes self-defense.
Nevertheless, the judgment of the court below convicting of this part of the facts charged is erroneous in the misapprehension of legal principles as to self-defense, which affected the judgment.
B. The sentence of a fine of KRW 1.5 million imposed by the lower court is too unreasonable.
3. Determination
A. In the lower court’s determination of misapprehension of legal doctrine, the Defendant asserted the same purport as that of this part of the grounds for appeal. Accordingly, the lower court erred by misapprehending the legal doctrine and by misapprehending the legal doctrine on the grounds of appeal from Nos. 3 to 5.4.