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(영문) 서울북부지방법원 2012.11.22 2012노1100

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding, misunderstanding of legal principles, the victim C did not look at, and even at time, this constitutes self-defense.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the lower court and by misapprehending the legal doctrine, the Defendant’s act does not constitute self-defense under the Criminal Act, in view of the method and form of the Defendant’s assault, the degree of injury inflicted on the victim, the circumstances leading to the assault, etc.

B. The lower court’s sentence is too unreasonable in light of the following: (a) all the sentencing conditions indicated in the instant records and arguments of unreasonable sentencing and the Defendant’s criminal records related to violence, etc.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.