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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The judgment of the court below that found the Defendant guilty of the facts charged, although the Defendant cited a knife and inflicted injury on the victim, is erroneous in the misapprehension of the facts, which affected the conclusion of
B. Even if the Defendant inflicted an injury on the victim, this constitutes legitimate self-defense because it is merely a passive act to protect the Defendant’s body from an unjust attack by the victim, and thus, it does not constitute an offense due to the elimination of illegality.
C. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.
2. Determination
A. In full view of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court below, the defendant can be recognized as having inflicted an injury on the victim by taking advantage of knife, and thus, the defendant's assertion of mistake of facts is not accepted.
1) The victim has relatively and consistently stated at an investigative agency to the extent that the defendant drinks the alcohol, and has a dispute with the O of the shop, and the victim has a disturbance, that the victim took the face of the victim of the horse at a place where he works after drinking it, and that the victim was injured on the left-hand side in consideration of the victim's face by taking the knife knife (five pages of the evidence record, fifty-one pages of the record), and the above statement is consistent with the witness F of the court below's testimony (56 pages of the record of the case). In addition, there is a diagnosis (10 pages of the record of evidence) and a photograph (12 pages of the record of evidence) consistent with the above victim's statement, the part and degree of the injury, as well as the testimony of the witness F of the court below.
3. On the other hand, the Defendant is running on the day after the day of the instant case in the investigative agency. (1) On the day of the instant case, the Defendant is serving approximately KRW 3-4 of beer and beer on the D cafeteria.