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(영문) 인천지방법원 2018.03.21 2017노3978

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, by misapprehending the legal doctrine, took one time a part of the face of the victim’s face by drinking to defend the victim’s unilateral assault, constitutes legitimate defense.

B. The punishment sentenced by the lower court to the Defendant (the amount of KRW 300,000) is too unreasonable.

2. Determination

A. The Defendant alleged that the lower court’s assertion of misapprehension of the legal doctrine is the same, and the lower court rejected a legitimate defense assertion in determining the Defendant guilty of the facts charged of this case on the grounds as indicated in its reasoning. In light of the evidence duly admitted and examined by the lower court and the reasoning of the lower court, the lower court’s aforementioned determination is justified. In so doing, it erred by misapprehending the legal doctrine on the

It does not seem that it does not appear.

B. In light of the circumstances asserted by the Defendant on the grounds of appeal, the lower court’s punishment is too unreasonable even if there is no change in circumstances that may consider the sentencing after the lower judgment on the part of the lower judgment, and the various conditions of sentencing as shown in the records and arguments of this case are considered.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.