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The defendant's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal is that the Defendant only gets the arms of the victim, and did not cut the body of the victim by breaking the body of the victim by hand (the fact-finding). As such, taking the body of the victim as above is aimed at getting out of the victim who was strongly drawn up, and thus, it does not constitute legitimate self-defense or legitimate act.
(Legal Formios). In addition, the sentence of the court below (two years of suspended sentence in six months of imprisonment) is too unreasonable.
(F) Determination; 2. Determination
A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts and misapprehension of legal principles, the video images of assault video CDs include the defects of the victim's arms to get off from the subway station, the defendant left slowly in the direction of the pole within the history of the victim, and the victim is friendly, and the defendant is strongly pushed down the body of the victim, and the victim followed the victim, and the defendant was followed by the victim, even though the defendant was frighten in the future, the surrounding persons were frightened to the victim and attempted to fright up to the victim, and the victim did not occur on the job, while the defendant was found to leave the scene that occurred immediately.
As such, the defendant's act cannot be seen as a passive or socially reasonable act to defend himself/herself, in light of the degree of tangible force of the defendant's use.
Therefore, we cannot accept all the defendant's assertion of mistake and misapprehension of legal principles.
B. The victim's injury to the victim's judgment on the assertion of unfair sentencing is an important part of the victim's injury, and the defendant does not recognize the victim's fault without compensation or death at all, and all of the records and arguments of this case, including the defendant's age, criminal records, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc.