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Defendant
The appeal is dismissed.
Reasons
Summary of Grounds for Appeal
The victims of misunderstanding of facts or misunderstanding of legal principles have first expressed their desire to make the Defendant, and there was a fact that the Defendant was pushed the victim D in order to prevent the Defendant from doing so. However, the victim D was not affected by the spathnosis that requires two weeks of medical treatment, but caused spathnosis.
Even if the defendant suffered an injury due to the act of the defendant, this is to defend the attack of the victim E, and there is no illegality because it constitutes self-defense.
The defendant in the injury of the victim E does not have any fact that the wife G makes a snow insertion of the victim E in the future.
Even if it is recognized that the glusation was made, there is no causal relationship with the injury suffered by the victim E, and the glusation was made with a view to avoiding the attack of the victim E, and it is not illegal as self-defense or legitimate act.
The sentence of the court below's decision on unfair sentencing (700,000 won of fine) is too unreasonable.
Judgment
First of all, we examine whether the defendant injured the victims as stated in the facts charged of this case, such as misunderstanding of facts or misapprehension of legal principles.
The following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, ① Carryover 101 Dong 101, 101, which suffered conflicts for a long time with D, E, and due to water pollution, and on the day of the instant case, the victim D, E, and Defendant wife G were in the underground room due to water pollution, and the victim was committed when the victim was attacked (Evidence No. 8, 13, 34 pages of the evidence record), and ② The victim E stated in the police and the court of the court of the court below that “the defendant suffered injuries in the course of the process of blocking E’s grasing snow insertion and pushing them with each other,” and also at the police and the court of the court of the court of the lower trial, the victim D, as well as the police and the court of the court of original instance.