Text
The defendant's appeal is dismissed.
Reasons
The summary of the grounds for appeal (in the case of injury by mistake of facts, unreasonable sentencing) is that the defendant found the victim at the time and place specified in paragraph (2) of the facts charged and did not see the victim's head and side interest and body several times. In order to prevent violence of the victim, it constitutes self-defense, and thus, the court below erred in matters of law by misunderstanding the facts and affecting the conclusion of the judgment.
The punishment (fine 2 million won) sentenced by the court below on unreasonable sentencing is too unreasonable.
In full view of the following facts and circumstances acknowledged by the evidence duly admitted and investigated by the lower court to partially deny the Defendant’s assertion of mistake of facts, the lower court’s determination is justifiable and acceptable, since it is recognized that the Defendant inflicted an injury on E, such as cages at least three weeks of treatment.
Therefore, the defendant's assertion of mistake is rejected.
E in the original judgment, the defendant stated in the original judgment that he suffered bodily injury, such as the defendant's flaging of her head's head's debt and the flaging of his side and body body several times.
G The case that E and the defendant have a dispute that re-satisfys in the accommodation and re-satisfys out, and opened a visit and pushed out outside, and this is recognized by E and the defendant.
피고인은 경찰에서, 숙소에서의 상황에 대해 E가 자신의 멱살을 다시 잡아 자기도 E 멱살을 잡았는데, 문 밖에서 서로 멱살을 잡은 상태에서 E가 바닥쪽에 눕더니 그 상태로 맨발로 자신의 양쪽 옆구리 부위를 20회 계속 찼고, 자신이 그만하라고 하면서 E의 행위에 대항하여 양손바닥으로 E의 배 부위를 3차례 정도 밀고,...