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(영문) 울산지방법원 2020.06.04 2019노670
상해
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant A’s sentence is too unreasonable because the defendant A’s punishment is too unreasonable

(F) 2.2

Defendant

B The Defendant was a self-defense or excessive self-defense, and the Defendant was a self-defense or excessive self-defense with knenee as a knee, knee, knee, knee. to prevent the Defendant from committing an attack against the victim.

(In fact-finding, misunderstanding of legal principles) 2. Judgment

A. Defendant B also made the same assertion as the above argument in the court below as to the mistake of facts and misapprehension of legal principles, and the court below rejected the above assertion on the grounds as stated in its reasoning. In comparison with the judgment of the court below, the judgment of the court below is just and acceptable, and there is no error of misconception of facts or misapprehension of legal principles.

Even if a defendant's act constitutes excessive self-defense beyond the degree of reasonableness by social norms, it does not reach the degree of exemption from punishment, and it does not constitute excessive self-defense due to fear or confusion in night or other extraordinary circumstances.

Defendant

B’s assertion is without merit.

B. There is no particular change in sentencing conditions after Defendant A’s appeal on the assertion of unfair sentencing.

Even if the court below's reasons for sentencing together with all the conditions of sentencing as shown in the records, it cannot be deemed that the sentence imposed by the court below is too unreasonable.

Defendant

A’s assertion is without merit.

3. The Defendants’ appeal is dismissed in entirety.

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