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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A1) did not have inflicted an injury by assaulting the victim B and D as indicated in the facts charged. In particular, with respect to the victim B, it is merely that the Defendant used the victim B’s passive defense against the victim B’s assault, and the above act constitutes self-defense and thus, illegality is excluded. Nevertheless, the lower court’s judgment convicting the Defendant of the facts charged in this case is erroneous in misunderstanding of facts and misunderstanding of legal principles. 2) The lower court’s punishment against the Defendant (2 million won of fine) is too unreasonable.
B. Defendant B (1) The Defendant did not have inflicted an injury by assaulting the victim A as described in the facts charged. Even if the Defendant inflicted an injury on the victim, this constitutes a legitimate act or self-defense as an act to defend himself/herself from the victim’s assault and constitutes a legitimate act or self-defense. Nevertheless, the lower court’s judgment convicting the Defendant of the facts charged in this case is erroneous by misapprehending the legal doctrine and misapprehending the legal doctrine. (2) The lower court’s punishment (one million won of fine) against the Defendant is too unreasonable.
2. Determination
A. Comprehensively taking account of the following facts and circumstances acknowledged by the evidence duly admitted and investigated by the lower court regarding the Defendants’ assertion of mistake of facts, Defendant A and the victim D may fully recognize the facts that Defendant B inflicted an injury on Defendant B as stated in each of the facts charged.
Therefore, this part of the Defendants’ assertion is without merit.
① Defendant A is a person who resides in the L’s house in the Jeonju-si Yansan-si, and Defendant B and his mother are those who reside in the house on the ground of Jeonju-si Yan-si C, and the Defendants are adjoining neighbors who live in the house adjacent to each other.
However, Defendant B, the father of Defendant A on August 19, 2014, injured M and carried dangerous articles, thereby doing so.