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(영문) 광주지방법원 2013.03.20 2013노52
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although a mistake of facts and misapprehension of legal principles have inflicted injury on the victim by putting a flaps, this is a passive defensive act against the victim by getting the victim from leaving the Defendant in whole with E, and thus, it is a legitimate act that does not violate social rules and thus, the illegality of the judgment of the court below is dismissed. Thus, there is an error of law by misunderstanding of facts and misunderstanding of legal principles.

B. The sentence imposed by the court below on the defendant (the fine of 500,000 won) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts and misapprehension of legal principles are: (a) the victim at the police court and the court of the court below, namely, “E and the defendant were unable to flick the floor before the loading of water, and the face and shoulder were left off together together; and (b) immediately went out, E was cut off by the Defendant’s deck, which was unflicked in loading with water in C, with the Defendant’s face, and was cut off with the Defendant’s back, which was unflicked, and “I am off,” and “I am out of the court of the court below,” and “I am the Defendant was unfleeped,” and the Defendant was unflicked with the lower court’s body, and the Defendant was disflished with the lower court’s knish and knished with the Defendant’s knish, but the Defendant was disfl with the Defendant’s body.”

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