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(영문) 서울중앙지방법원 2020.06.11 2019노2093

상해

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 500,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles do not pay attention to the victim's face as stated in the facts constituting a crime in the judgment below, and there is no fact that the victim's head is shaking.

The defendant's act constitutes self-defense under Article 21 of the Criminal Act since the defendant's act is merely self-defense in order to defend the present unfair infringement, since the defendant's act is a self-defense under Article 21 of the Criminal Act, since the defendant's face was committed in a manner that makes the victim take a serious bath and defends himself/herself.

B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts and misapprehension of legal principles, the lower court: (a) comprehensively admitted and investigated the evidence duly adopted and examined on the Defendant’s assertion of the purport similar to that of the party in the trial; (b) determined that there is no room for establishing self-defense of the Defendant, inasmuch as the Defendant was aware of the fact that the Defendant was assaulted by the victim in advance, and caused physical fighting; (c) subsequent to the fact that the Defendant was drinking the victim; and (d) the Defendant was safing

If the judgment of the court below is examined closely by comparing the evidence duly adopted and examined by the court below with the witness D's statements in this court, such judgment of the court below is just, and there is no violation of law of misunderstanding of facts or misunderstanding of legal principles as alleged by the defendant.

The defendant's above assertion is without merit.

B. As to the assertion of unfair sentencing, the Defendant, first of all, took a trial fee and assaulted the victim to cause physical fighting, etc. is disadvantageous to the Defendant.

However, the defendant two times in violation of the Road Traffic Act.