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(영문) 춘천지방법원 강릉지원 2020.05.14 2020노47
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual error and inappropriate sentencing)

A. misunderstanding of facts1) At the time of the instant case, the Defendant merely sleeped with the victim while punishing the victim at the time of the instant case and did not go beyond the victim’s bridge. Therefore, the lower court’s determination that the Defendant had the intent to commit a harmful act or to injure the victim was erroneous in matters of determination of facts. 2) The Defendant’s act merely constitutes self-defense inasmuch as the Defendant’s act was merely a punishment for physical fighting to defend the victim’s attack against B at the time of the instant case.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. In regard to the assertion of mistake of facts, the first instance court asserted that the Defendant cannot be deemed to have committed a harmful act against the victim, and the lower court found the Defendant guilty of the facts charged on the following grounds: (i) the Defendant and the victim’s right bridge came to go beyond the victim’s bridge toward the victim’s bridge; (ii) the Defendant’s statement to the effect that the victim was forced to get on the part of the victim’s bridge, and the sounder was forced to get off the bridge; and (iii) the Defendant and the victim were not in the situation where the victim were fighting against the victim, and thus, there seems to be no special reason for the victim to go beyond the victim’s body without the victim’s harmful act; and (iv) the Defendant’s right bridge was under the direction of the victim’s bridge at the time of going beyond the victim’s bridge, and thus, the Defendant could be found to have inflicted an injury on the victim beyond the victim’s bridge.

In light of the records, the evidence duly adopted and examined by the court below and the trial court.

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