Text
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. In the process of fighting with the victim's body, the defendant is closely related to each other, but there is no fact that he/she suffered injury by taking the victim's face face into his/her elbow.
In the act of the defendant, the victim was injured by the defendant.
However, this is merely self-defense by the victim's act to avoid the right to save the defendant.
B. The lower court’s sentence of unreasonable sentencing (a fine of 6 million won) is too unreasonable.
2. Determination
A. The judgment of the court below on the assertion of mistake of facts found by each evidence duly adopted and investigated by the victim's dump truck, namely, the following circumstances acknowledged by the victim's dump truck in the course of driving under the influence of alcohol, namely, the victim's dump truck stopped in excess of the central line, and the victim's dump truck driver's dump truck, followed the victim's dump truck. The victim's body appears to have carried out a dump and sump with the hand of the vehicle when she brought out a dispute with each other. The victim stated at the investigative agency that the victim was facing the right side side of the defendant's body while fighting in the victim's body, and the victim's dump truck was accompanied by the dump truck's 1 and 2 dump response with other sump response by external shock, and the victim's body body appears to have been affected by the victim's fighting in the process of fighting.
Even if it is not self-defense, it is not considered self-defense.
Therefore, the defendant's assertion of mistake is not accepted.
B. The Defendant’s crime of this case regarding the assertion of unfair sentencing is not good, but up to the trial. The Defendant’s crime of this case, while driving under drinking, committed assault with other drivers on trial expense.