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(영문) 창원지방법원 2019.01.23 2018노2364

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The illegality of acts such as mistake of facts and misapprehension of legal principles constitute self-defense or legitimate act as stated in the facts charged of this case is excluded.

B. The sentence of unfair sentencing (the court below's sentence: a fine of 500,000 won)

2. Judgment on misconception of facts and misapprehension of legal principles

A. The relevant legal doctrine 1) In a case where it is reasonable to deem that the perpetrator’s act was committed with the intent of attacking one another rather than with the aim of defending the victim’s unfair attack, and the other party was committed against it, the act is not a self-defense or excessive defense since it has the nature of the act of attack at the same time as the act of attack. 2) Since the act of attack and defense are continuously intersection and the act of attack are also in the nature of both areas where the act of attack and defense is committed at the same time, it is common to say that it is difficult to view either party’s act as a justifiable act for defense or self-defense, even if it appears to be one party’s act, and if the other party unilaterally committed an attack from such unlawful attack and exercises the power of resistance to it, the act is not an active attack, but an act of attack and its purpose and purpose should be seen as reasonable in light of social norms, as long as it does not deviate from the passive limit, and thus, it should be viewed as an act that is reasonable in light of social norms.

B. In light of the above legal principles, the court below found the defendant guilty on this part of the facts charged in the judgment below's detailed statement on the "determination of self-defense or the assertion of legitimate act". It comparisons the records and records.