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(영문) 전주지방법원 2016.05.20 2016노40

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In order to avoid this, the Defendant, who attempted to have the misunderstanding of facts and misapprehension of the legal principles quihion against the Defendant, was pushed ahead of the victim’s chest to avoid this, and the Defendant did not assault the victim or inflict bodily injury on the victim as stated in the facts charged, and the Defendant’s act of even killing the Defendant constitutes a justifiable act that does not contravene social norms.

B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below regarding the assertion of misunderstanding of facts and misapprehension of legal principles, the defendant can sufficiently recognize the fact that the defendant assaulted the victim or injured the victim as stated in the judgment below, and in light of the circumstance, method, and degree, etc. of the defendant's exercise of tangible power, it cannot be deemed that the defendant's act of assault and bodily injury in this case constitutes a legitimate act. Thus, the defendant's assertion of

B. The fact that the Defendant’s judgment on the unfair argument of sentencing is relatively old at 60 years of age, the Defendant appears to have committed the instant crime in a contingent manner in the course of fighting between the victim and the married couple, and the degree of assault against the victim and the degree of injury suffered by the victim cannot be seen to be relatively much serious.

On the other hand, the crime of this case is committed twice by the defendant's fluoring the victim's chest or walking the victim's boat by drinking, etc., and the crime of this case was committed by the defendant's bluoring the victim's chest part of the left bluor part requiring treatment for about 2 weeks, and the crime is not weak, and the defendant has a record of criminal punishment several times of violent crimes, etc., which are disadvantageous to the defendant.

The above circumstances and other circumstances of this case.