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(영문) 의정부지방법원 2018.01.31 2017노2836
특수상해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Although there was a misunderstanding of facts or misunderstanding of legal principles that the Defendant inflicted an injury on the victim as stated in the facts constituting a crime in the judgment below, the Defendant’s act constitutes a legitimate defense.

Nevertheless, the lower court erred by misapprehending the legal principles or by misapprehending the legal principles, which found the Defendant guilty of inflicting injury on the Defendant.

2) The punishment sentenced by the lower court (7 million won in penalty) is too unreasonable.

B. According to the evidence submitted by the prosecutor, the prosecutor 1) found the defendant guilty of this part of the facts charged, despite the fact that the defendant carried a dangerous storm, and inflicted an injury on the victim, is erroneous in the misapprehension of facts and the judgment of the court below which affected the conclusion of the judgment.

2) The sentence sentenced by the lower court is too unhued and unreasonable.

2. Determination

A. We examine the defendant's argument of misunderstanding of the facts or misapprehension of the legal principles. In light of the motive and circumstance leading up to trial expenses, the shape and frequency of the defendant's use of force, and the degree of injury inflicted on the victim as stated in the facts of the crime in the judgment of the court below, it is reasonable to view the defendant's act in the facts of the crime in the judgment of the court below as exercising the force on the victim with the intent of attack rather than for defending the victim's unfair attack. Thus, the defendant's act does not constitute a legitimate defense. Thus, the defendant's mistake or misapprehension of the legal principles is without merit.

B. The lower court’s determination as to the prosecutor’s assertion of mistake of facts is based on the records, and the evidence submitted by the prosecutor alone alone makes a reasonable doubt about the Defendant’s special injury charges.

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