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The judgment below
The guilty portion shall be reversed.
Defendant shall be punished by a fine of 200,000 won.
The above fine shall be imposed on the defendant.
Reasons
1. The court below found the victim C guilty of the injury among the facts charged and acquitted the victim D of the assault.
Since only the defendant appealed on the guilty part and the acquittal part of the court below is separated and confirmed as it is, only the guilty part of the court below's judgment belongs to the scope of the judgment of this court.
2. Summary of grounds for appeal (misunderstanding of legal principles and improper sentencing)
A. The lower court erred by misapprehending the legal doctrine, which did not judge the Defendant’s act as a justifiable defense or a justifiable act, even though the Defendant was tightly pushed the victim’s chest and shouldered his finger to escape from the Defendant.
In addition, even though the defendant was deaf-mute, the judgment of the court below did not reduce the deaf-mute.
B. Even if the sentencing was found to be guilty against the Defendant, the lower court’s punishment (amounting to KRW 300,000) is too unreasonable.
3. Determination
A. "Act which does not violate the social norms" under Article 20 of the Criminal Act means an act which is acceptable in light of the overall spirit of legal order or the social ethics or social norms surrounding it. Whether certain act is a legitimate act that does not violate the social norms and thus, should be determined individually by considering the following specific circumstances: (a) the motive or purpose of the act; (b) legitimacy of the act; (c) reasonableness of the means or method; (d) balance between the interests of protection and benefit; (v) balance between the interests of protection and benefit; and (v) supplementary nature of the act that there is no other means or method than the act; and (e) the type, degree, method, and completion of the infringing act in order to establish a legitimate defense as provided under Article 21 of the Criminal Act.