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(영문) 광주지방법원 2017.07.11 2016노649
상해
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant S 1) misunderstanding of facts and misapprehension of legal principles, Defendant S 1 did not go beyond the victim, and the victim’s abstinence was written, but this does not constitute the crime of injury by committing an act without the awareness that the victim committed an assault.

Even if the defendant committed the same act as the facts charged

However, it is not illegal because it was caused in the process of putting the victim who is trying to flee due to the victim's taking pictures of women who are boomed by the victim and being injured by the defendant.

2) The sentence of the lower court’s improper sentencing is too unreasonable.

B. Defendant B did not have any fighting with the victim in the stairs, and the victim did not go beyond the stairs, and there is no fact that the defendant inflicted an injury on the victim.

(c)

Each sentence of the lower court against the Defendants by the Prosecutor is too unhued and unreasonable.

2. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding Defendant S’s assertion of mistake and misapprehension of the legal doctrine, the fact that the Defendant inflicted an injury on the victim at the time, as stated in the facts charged, can be recognized, and such act of the Defendant cannot be deemed a legitimate defense or a legitimate act. Therefore, the Defendant’s mistake of facts and misapprehension

(1) A victim has made a concrete and consistent statement from an investigative agency to an in-depth trial as to the fact of injury inflicted on the Defendant.

② The Defendant also made a statement to the effect that there was a fact that the victim’s growth was taken out in the second floor’s corridor at the time, making it appropriate for the victim’s above statement and part of the statement, and the I’s statement, a witness, also fit for the victim’s above statement.

(3) Although the Defendant alleged that the victim did not have been injured at the time, the victim’s main injury is damage to the human body of the victim.

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