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(영문) 대전지방법원 2018.05.31 2016노1937

상해

Text

Defendant

All of the appeal filed by A and the appeal filed by the Prosecutor against Defendant B shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts and misapprehension of legal principles were inflicted on Defendant A’s act of assault from Defendant A, and there was no intention of injury, and even if the intention of injury was recognized, it constitutes a legitimate defense or legitimate act.

2) The sentence of the lower court that is unfair in sentencing (eight months of imprisonment) is too unreasonable.

B. According to the evidence submitted by the prosecutor (misunderstanding of facts and misapprehension of the legal principles with respect to Defendant B), it can be sufficiently recognized that Defendant B inflicted an injury on A, as shown in the facts charged.

2. Judgment on Defendant A’s assertion

A. As to the assertion of misunderstanding the facts and misapprehension of the legal doctrine, Defendant A asserted the same purport as the grounds for appeal in this part of this part at the lower court, and the lower court, under the title “determination on the argument of Defendant A and the defense counsel”, determined that Defendant A rejected the above assertion in detail and convicted Defendant A of the facts charged.

Examining the judgment of the court below and the first instance court in comparison with the evidence duly adopted and examined, the judgment of the court below is just and acceptable, and contrary to the judgment of the court below, there is an error of misunderstanding of facts and misunderstanding of legal principles as alleged by the defendant A.

Defendant A asserts that, [the defendant A], in the course of assaulting the defendant A by the upper upper end of the right upper end, which occurred to B, is likely to have been caused either by vain, or by vain, due to a mistake of vain as it is, or regardless of this case.

However, in the case of B, it is likely that the uppermost end of the right upper end, which occurred to B, may occur when it is difficult to generate the upper end of the sand above, simply in the process of using force and exceeding the aspect of it, and in the case of B, the parties are attached.