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(영문) 부산지방법원 2014.12.12 2014노3367
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant asserts that there was no fact that there was an injury to the victim as stated in the facts charged, and even if there was a fact that there was an injury, the Defendant’s act should be dismissed as self-defense or legitimate act.

B. The sentence of a fine of KRW 1.5 million imposed by the court below on the defendant is too unreasonable.

2. Determination

A. 1) Determination of mistake or misapprehension of legal principles as to the assertion of mistake of facts and the evidence duly adopted and examined by the court below, i.e., the following circumstances acknowledged by the court below, i.e., ① the defendant who was parked in a parking guide by stopping the victim on the ground that the victim C was parked in the train, and the victim was faced with the victim's statement or diagnosis. ② The victim's act at the scene also complies with the victim's statement or diagnosis, ② the defendant was taken his head's chest, was pushed with the victim's breast, was pushed with the victim's finger, and it appears to be enormous, as stated in the facts charged, it can be sufficiently recognized that the defendant had inflicted an injury upon the victim's left hand and left half of the left side and the left side, so this part of the defendant's assertion is without merit in light of the defendant's self-defense or defense at the time of committing the above act, and thus, it cannot be seen that the defendant's act constitutes self-defense or attack.

B. The Defendant’s judgment on the assertion of unfair sentencing is health class 3 with delay and time impairment.

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