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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by a fine of 500,000 won.
The defendant above.
Reasons
1. Summary of grounds for appeal;
A. The victim of mistake of facts, first of all, flaps of the Defendant’s bomb and scam, and the Defendant scamed with the victim’s hand in a way to defend them, only after the victim scamed, and the victim scamd with the victim’s hand. The victim scambling again, but only after the victim scamed, and did not inflict an injury on the victim by assaulting the victim
B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.
2. Determination
A. We examine the argument of mistake of facts. The following circumstances revealed by the evidence duly adopted and examined by the court below, and the victim consistently stated from the investigative agency to the court below that the victim suffered bodily injury as stated in the facts charged, and the defendant also recognized the facts that the victim suffered bodily injury by assaulting the victim at the time of mutual assault with the victim. In light of the following circumstances, the defendant can be recognized as having inflicted bodily injury by assaulting the victim as stated in the judgment of the court below. Thus, the above argument by the defendant is without merit.
B. The instant crime on the assertion of unfair sentencing is deemed unfair in light of the following: (a) the instant crime of determining unfair sentencing is likely to occur in a contingent way because of the issues such as land boundary between the Defendant and the victim, garbage speculation, etc.; (b) the Defendant was suffering from the nephical disease accompanied by the nephical ppuri certificate; and (c) the victim committed assaulting the Defendant; and (d) the victim was finally sentenced to a fine of KRW 500,000,000, and the Defendant’s age, character and conduct, environment, and criminal power, and the various conditions of sentencing indicated in the arguments, such as the Defendant’s age, character
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act and the defendant's appeal is justified.