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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The instant case of mistake of facts constitutes self-defense inasmuch as the victim who demands unreasonable daily payment was committed against the Defendant by exercising violence against the Defendant himself/herself, and thus, constitutes self-defense.
B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.
2. Determination
A. In order to establish a judgment of mistake of fact, an act of defense should be socially reasonable, taking into account all specific circumstances, such as the type, degree, method of infringement, and type and degree of legal interest to be infringed by an act of defense, and the type and degree of legal interest to be infringed by the act of defense. The act of defense as a requisite for establishing self-defense includes not only pure passive defense but also anti-defense form, including active anti-defense. However, the act of defense must have considerable reasons for defending one’s own or another person’s legal interest.
(3) In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below (see, e.g., Supreme Court Decision 92Do2540, Dec. 22, 1992). (1) At the time of the instant case, the Defendant argued with the victim as a matter of the overdue wage against the victim; (2) the Defendant was faced with the Defendant’s seat belt in order to stop the Defendant’s defect in leaving the Defendant’s occupation; (3) the Defendant was faced with the Defendant’s left hand; and (4) the victim suffered from the Defendant’s undeveloped area and flood marbing of the left hand, which requires four weeks of treatment; and (3) the victim suffered from the Defendant’s act, which is highly reasonable to be permitted by social norms, and thus, the Defendant’s assertion is without merit.
B. The defendant has been punished for several crimes of injury even before the judgment on the assertion of unfair sentencing, and the defendant did not agree with the victim.