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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, who is aware of the fact, only one face before the victim goes beyond, and two faces after the going beyond, did not assault the victim several times, such as the statement in the facts charged.
B. The lower court erred by misapprehending the legal doctrine as to the defense of a political party or legitimate act, and at least excessive defense, since the Defendant assaulted the victim at the level of attacking and opposing the Defendant at the time of attacking the Defendant.
(c)
The punishment of the court below (six months of imprisonment) which is unfair in sentencing is too unreasonable.
2. Determination
A. The Defendant’s assertion that the Defendant and the victim, at the lower court and the trial court, had been found to have never been aware of each other before committing the instant crime, is difficult to accept, in full view of the following circumstances acknowledged in accordance with the evidence duly adopted and examined in the lower court and the trial, namely, ① the Defendant and the victim appear to have never been aware prior to committing the instant crime. At the time of committing the instant crime, the Defendant first expressed the victim’s desire to commit the instant crime; ② the relationship between the Defendant and the victim as above, and the consistency between the victim’s statements, etc., and ② the Defendant’s assertion that the victim was able to write the victim’s name first among each other is difficult to accept. ③ According to the photograph taken by the victim’s upper part of the investigation record, according to the victim’s photograph, the Defendant appears to have been red in the part of the victim’s body and kne, which appears to have been used in the victim’s left part and right part of the victim’s statement and the above part.
B. The Defendant asserts that his act constitutes a legitimate defense against the Defendant’s infringement, and that his act constitutes a justifiable act, and thus, constitutes an excessive defense in the state of illegality or interest.
However, the following circumstances are acknowledged according to the evidence duly adopted and examined by the court below and the court below.