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(영문) 청주지방법원 2019.01.31 2018노945
상해등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts or misunderstanding of legal principles ) The Defendant merely brought the victim’s house into the victim’s house in the process of suppressing the assault from the victim B, but did not have the intent to commit a crime of intrusion, or constitutes a legitimate act or self-defense as an act to defend himself/herself from the victim’s assault and constitutes a legitimate act or self-defense.

B) In addition, the Defendant did not have inflicted an injury by assaulting the victim’s timber in the above process. Even if the Defendant inflicted an injury on the victim, it is merely an act to defend himself from the victim’s assault, and thus, it should be deemed that the illegality is avoided. 2) The lower court’s punishment of the Defendant of unreasonable sentencing (2 million won) is too unreasonable.

B. Defendant B (1) misunderstanding of facts or misunderstanding of legal principles does not have existed when the victim was the victim A. Even if the victim was the victim, this is not only the victim sent a letter to the effect that the victim threatened his/her father’s wife, but also the Defendant’s act of defending himself/herself from the victim who intruded on the Defendant’s residence by cutting off and pushing ahead his/her dubbbial, and thereby, constitutes self-defense. (2) The lower court’s punishment against the Defendant of unreasonable sentencing (2 million won of fine) is too unreasonable.

2. Determination

A. We examined the judgment of the court below as to Defendant A’s assertion of mistake of facts or misapprehension of legal principles, and the Defendant also asserted the same purport as the grounds for appeal in this part, and the court below rejected all of the Defendant’s assertion on the grounds of the circumstances stated in the fourth through 6th 8th 1 of the judgment. In addition, the circumstances determined by the court below are as follows based on the evidence duly adopted and investigated by the court below.

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