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(영문) 서울서부지방법원 2019.05.09 2018노1579
상해
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts did not have any injury on the snow part of the victim’s face when using a small radio. 2) The victim of misunderstanding of legal principles first tried to commit an assault against the Defendant, which led the Defendant to capture the two arms of the victim so that the victim may not exercise force against violence, which constitutes self-defense.

3) An unreasonable sentencing sentence against the Defendant (two years of imprisonment with prison labor for ten years) is too unreasonable and unfair. B. The Prosecutor’s sentence against the Defendant is too unfasible and unreasonable. 2. We first examine the Defendant’s assertion of mistake of facts. A) The Defendant in the instant charges at the Cridge conference located in Eunpyeong-gu Seoul in March 2018, and at the time of dispute with the victim D (V, 42 years of age) who is lodging in the said church, the Defendant was under dispute with the said church, and was under dispute with the victim D (V, knee, knee, kne, the victim’s face at the right side of the victim. The Defendant did not have to have any reasonable doubt about the Defendant’s face when determining the admissibility of the statement of evidence against the victim, i.e., the Defendant could not have any reasonable doubt on the part of the victim.

2. The victim’s statement and the victim’s statement as shown in the facts charged in the instant case.

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