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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
The sentence of sentence against A shall be suspended.
Reasons
1. Summary of grounds for appeal;
A. Defendant A (Definite or misunderstanding of legal principles, and unreasonable sentencing) 1 did not inflict an injury on Defendant B, and even if the Defendant’s act was inflicted an injury on Defendant B by domestic affairs, the Defendant’s act constitutes a justifiable act as a passive defensive act to escape from the assault of B. 2) The lower court’s punishment (fine 500,000) is too unreasonable.
B. Defendant B (misunderstanding of facts or misapprehension of legal principles and unreasonable sentencing) 1 did not inflict an injury on A, and even if Defendant’s act was inflicted an injury on A by family affairs, the Defendant’s act constitutes self-defense or legitimate act to restrain A from spreading and insulting water to the Defendant. 2) The lower court’s fine (1,00,000 won) is too unreasonable.
2. Judgment on Defendant A’s assertion
A. Determination of misunderstanding of facts or misapprehension of legal principles 1) The following circumstances acknowledged by the evidence duly admitted and investigated by the lower court: (i) the victim B, from the investigative agency to the court of the lower court, made a consistent statement on the fact and circumstance of the damage that “the Defendant saw the Defendant as an elevator, saw him as the victim’s hand, etc. inside the elevator, and imprisoned him as the victim’s hand,” and (ii) the Defendant was supported by the victim’s photograph prior to the victim’s hand, etc., in full view of the following circumstances:
Since the facts charged in the instant case can be sufficiently recognized, the Defendant’s assertion of mistake of facts is without merit. 2) As seen earlier, it is recognized that the Defendant inflicted an injury on the victim by fulging the victim’s body, such as the victim’s hand, etc., and the background and method of the instant crime, the degree of the victim’s injury, and the crime.