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(영문) 부산지방법원 2020.05.01 2019노2482

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The victims of misunderstanding of facts and misapprehension of legal principles merely assaulted the Defendant collectively, such as plucking, plucking, etc., and resisted against it, and there was no assault against the victims as stated in the facts charged in the instant case.

Even if the defendant's assault is recognized, it constitutes self-defense.

B. The sentence of unfair sentencing (six months of imprisonment, two years of suspended execution, etc.) by the lower court is too unreasonable.

2. Determination

A. 1) Determination of mistake and misapprehension of legal principles on the assertion of mistake of facts

Likewise, it may be deemed that it constitutes a passive resistance.