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(영문) 서울중앙지방법원 2015.10.16 2014노3923
상해등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (1) misunderstanding of facts is merely the fact that Defendant A was pushed ahead of B in the course of avoiding an attack by combining B, H and C, and that Defendant A did not inflict an injury by walking knee in several times, or did an assault at H’s knee-free price.

(2) The act of Defendant A by misapprehending the legal doctrine constitutes self-defense or legitimate act.

(3) The lower court’s sentence of unreasonable sentencing (a fine of KRW 700,000) is too unreasonable.

B. Defendant B and C (1) misunderstanding of facts has only reported that his mother, who was his mother, was assaulted by A, and only caused injury to A in collaboration with Defendant B.

Injury inflicted A is not caused by Defendant B and C’s act.

(2) Each sentence of the lower court on unreasonable sentencing (Defendant B: a fine of KRW 700,00,000; Defendant C: a fine of KRW 2 million) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and investigated by the court below regarding Defendant A’s assertion of misunderstanding of facts and misapprehension of legal principles, Defendant A may be sufficiently admitted that Defendant A, as stated in the judgment of the court below, has inflicted bodily injury on B by walking kneee in a set of knee, standing up on the floor of the vehicle. At the risk of H’s influence, Defendant A assaulted H by walking a part of the vehicle on a hand.

Furthermore, in light of the background and method of the instant crime, the victim’s injury part and degree, and the circumstances before and after the instant crime committed, it is reasonable to view that Defendant A’s above act constituted an active act of attack beyond the passive limit of defense. Therefore, it is difficult to view it as constituting self-defense or legitimate act.

Therefore, Defendant A’s assertion of mistake and misapprehension of legal principles is without merit.

B. Facts acknowledged by the lower court based on the evidence duly admitted and investigated by Defendant B and C regarding the assertion of mistake of facts, in particular, Defendant B and C, who suffered injury.

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