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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. As to the criminal facts of the lower judgment, the Defendant’s 1 did not have any flatize the victim F’s flat, and the Defendant’s act of pushing the victim F and E constitutes legitimate self-defense or legitimate act merely because the Defendant’s act of pushing the victim F and E was a considerable act to defend the victim’s body from an unlawful assault by the said victims, or was merely a passive defense. (ii) The lower court’s punishment (five million won of fine) is too unreasonable.
B. The lower court found the Defendant not guilty of the charge of the receipt of special intimidation and recognized only the attempted special intimidation. The lower court, on the ground that the said victim could sufficiently be aware of the fact that the Defendant attempted to import the victim D, on the grounds that the said victim could have sufficiently been aware of the fact, was erroneous in misunderstanding of facts. 2) The lower court’s above sentence is too uneasible and unreasonable.
2. Determination
A. On the part of the judgment below, the defendant alleged that he did not have any flabbbage of the victim F, and that the defendant's act constituted self-defense or a legitimate act. The court below found the defendant guilty of this part of the charges on the following grounds: ① According to CCTV images, the defendant's act toward the victim F, the defendant's act toward the victim F, and the defendant's act was confirmed, and ② since the victim F's statement was credibility in the court below's credibility, the defendant can first recognize the fact that he did flabbage of the victim F, and as long as fighting started, the defendant's act of flab cannot be viewed as a legitimate act, and the defendant's act of flabing cannot be seen as a self-defense or a legitimate act. ② According to this part of the charges, the defendant's act of self-defense includes not only purely defensive defense but also anti-defense form including active anti-defense.