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(영문) 서울서부지방법원 2015.07.09 2015노248
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

가. 사실오인 피고인이 피해자 B를 밀쳐내 피해자가 뒤로 엉덩방아를 찧으며 넘어진 것에 불과하므로, 피해자가 얼굴 부위를 맞아 상악 우측 중절치가 흔들리게 된 상해의 결과를 피고인의 행위로 인한 것으로 볼 수 없다.

Therefore, although there is no causal relationship between the defendant's act and the victim's injury, the judgment of the court below which found the guilty of the facts charged is erroneous.

B. In light of the legal principles, the Defendant’s act constitutes self-defense as a passive resistance to escape from the victim’s assault, because the Defendant’s act is merely a fluence of the victim’s right to know one-time price at the part of the Defendant’s inner part of the Defendant’s inner part

Nevertheless, the court below erred by misapprehending the legal principles in finding guilty of the facts charged.

C. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, the defendant suffered injury to the victim as stated in the judgment below, and the causal relationship between the defendant's act and the victim's injury can be sufficiently recognized. Thus, the defendant's assertion of mistake of facts is without merit

1) The victim, from the investigative agency to the court of the court below, has made a very specific and consistent statement about the details of the injury and the details of the damage, and the situation before and after the instant case. 2) J, K, and L, as a witness of the situation before and after the instant case, have made a detailed statement of the situation at the time from the investigative agency to the court

3 The victims were admitted to the dental on the day of the instant case and said that they were sent back to others before several hours, and the doctors in charge are on the right side of the road.

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