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(영문) 대전지방법원 2016.12.21 2016노1794
폭행
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles 1) The Defendant: (a) committed a fact between the victim and the victim in order to capture microa; (b) however, the microabricated I, the victim’s scam, and the Defendant did not scam the victim’s knife the victim’s knife with the Defendant’s chest in order to avoid having contact with the victim; and (c) did not exercise the knife force on the victim’s chest. (b) The Defendant committed an act to capture microa in order to avoid interference with the victim’s towing, and thus constitutes a self-help or legitimate act.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.

2. Determination

A. 1) Determination of mistake of facts and misapprehension of legal principles in accordance with the evidence duly adopted and examined by the court below. 1) The victim stated that the police officer who received the report immediately after the occurrence of the case stated that the defendant was in a flive condition by cutting the two arms of the victim, preventing the defendant from taking a flive image, and preventing the defendant from taking a flive image, and that the defendant was in a flive condition. At the time when the defendant was present at the police station and was subject to initial investigation, there was no other assault except for the victim's right shoulder, and the degree of the assault was not to be treated. The victim stated consistently until the court of the court of the court below as to the fact that the defendant was in a flive title of the victim, and appears to be in an exaggeration of the degree of assault. 2) The prosecutor (the flive image submitted by the victim to the police station to take a flive image on the right side of the victim, and the victim's body and the victim's body were not deducted from the victim's body.

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