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(영문) 수원지방법원 2014.09.15 2014노1584
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s act of self-defense constitutes self-defense and thus, is dismissed, since the Defendant’s act constitutes self-defense.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination

A. The following circumstances revealed by the lower court’s judgment as to the assertion of self-defense, namely, the victim’s first time at the time of the instant case, when the victim took the Defendant from drinking, and the Defendant sprinked the victim’s water using the sponsor. Since then, the victim sponsed the victim’s sponsor in the Defendant’s arms, and sponsed the victim’s sponsor for considerable time after the victim sponsed the victim’s sponsor, and was under the victim’s sponsor for considerable time after sponsing the victim, taking full account of the following circumstances revealed by the evidence duly admitted and investigated by the lower court, the victim’s act, which was the victim’s sponsoring the victim’s sponsor, cannot be deemed as a passive defense against an unfair attack.

Therefore, we cannot accept this part of the defendant's assertion.

B. In full view of the background and content of the instant crime, the part and degree of injury resulting therefrom, and other various sentencing conditions as shown in the instant argument, including the Defendant’s previous conviction, age, character and conduct, environment, and circumstances before and after the instant crime, etc., the lower court’s sentence is unreasonable.

3. As such, the defendant's assertion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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