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(영문) 서울중앙지방법원 2018.07.25 2018노1344

특수상해

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The misunderstanding victim of the legal doctrine had committed an act of violence against residents in the vicinity of the country, including the defendant of Pyeongtaek, and on the day of the instant case, under the influence of alcohol, the defendant's visit was incidental to the visit of the defendant, and the defendant did not go through several times.

As such, the Defendant puts excessive emphasis on his or her physical safety and peace in his or her residence to defend himself or herself, this constitutes a political party defense, and even if it falls under excessive self-defense, he or she is held liable due to fear and yellow situation at night, even if it falls under excessive self-defense.

2) The sentence of the lower court (six months of imprisonment) is too unreasonable in light of the fact that the victims are fully responsible for the occurrence of the crime and the expansion of damage, contingent crimes, the victim does not want the punishment of the Defendant, and the fact that the defendant recognizes and reflects his act.

B. In light of the following: (a) the prosecutor (unlawful in sentencing) committed the instant crime during the period of repeated crime, and there is no serious reflectiveness, the lower court’s punishment is so excessive that it is unreasonable to have the sentence imposed by the lower court, in so doing.

2. According to the evidence duly adopted and examined by the lower court on the Defendant’s assertion of misunderstanding of the legal doctrine, the fact of damage is acknowledged, such as the victim’s leaving the Defendant’s visit and leaving a distance from the visit, but the victim invadedd into the room, thereby

It does not seem that it does not appear.

B. The defendant's act of causing injury to the victim immediately is a defensive act, even if the victim first committed an act, such as attaching the defendant's door, it is a defensive act that the defendant immediately inflicted injury on the victim.

more than 100

In response to the first attack, the victim has the character of the attack committed with the intent to harm the victim.