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(영문) 서울중앙지방법원 2013.05.24 2013노802

폭행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In order to prevent the attack by the victim E, the defendant of mistake of facts is merely a knife of the female, and there is no plicking or plicking the victim to clame or plick up the finger.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.

2. Determination

A. The evidence duly adopted and examined by the court below as to the assertion of mistake of facts and the result of reproducing the CD (Evidence No. 53) recorded at the time of the trial, namely, the following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, ① the CD reproduction result: the victim was tightly sealed to the arbitr, and the victim and the defendant were found to have flickly fighting with one other at the same place; ② the defendant also recognized by the investigative agency that the victim was pushed the victim because the victim did not go through a arbitr and do not go to a arbitr (Evidence No. 37 of the evidence record); ③ the victim's statement accompanied by the victim was mostly self-defensed by the victim; ④ The victim's son appears to have been plucked, ⑤ the victim's act of attack and defense between the victim and the victim's act of attack and defense, and the victim's act of attack cannot be seen as an attack and defense at the same time.

Therefore, the defendant's assertion of mistake is without merit.

B. The extent of the assault in this case, the defendant's attitude not to reflect his fault, and the defendant did not agree with the victim on the argument of unfair sentencing.