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(영문) 대법원 2014.08.20 2014도5638
상해
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the evidence duly adopted and examined by the court below and the first instance court, the court below's determination that the facts charged in this case are guilty is just and there is no violation of law of logic and experience and free evaluation of evidence.

In addition, the court below's rejection of the defendant's assertion of self-defense on the grounds of its stated reasoning is just and there is no error of law by misunderstanding the legal principles on self-defense.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed, and thus, in this case where a fine has been imposed against the defendant, the argument that the punishment is too unreasonable

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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