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(영문) 광주지방법원 2018.04.24 2017노3182
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was unilaterally assaulted by the victims, and did not inflict an injury on the victims.

B. Legal principles, even if misunderstanding the legal principles, the victims were injured.

This is merely a passive defense of the victims' illegal attack, and the illegality is excluded because it is a legitimate act that does not violate the social rules.

(c)

The punishment of the court below (the amount of 300,000 won) which is unfair in sentencing is too unreasonable.

2. Determination

A. Judgment 1 on the assertion of misunderstanding the facts and misapprehension of the legal doctrine was rendered as follows based on the evidence duly admitted by the lower court.

Comprehensively taking account of the following circumstances, the defendant's injury to the victims can be acknowledged.

① In a case where a witness’s statement, including a victim, is mutually consistent and consistent with the facts charged, it shall not be rejected without permission, unless there exist any separate and reliable evidence to deem the credibility of the statement objectively deemed objectively and objectively (see, e.g., Supreme Court Decisions 2012Do2631, Jun. 28, 2012; 2007Do10728, Mar. 14, 2008). (2) The victims have consistently stated in the investigative agency and the court of the lower court that the Defendant inflicted an injury on the victims, and each statement made by the victims has been consistently made in place of the details of the injury inflicted on the victims and the circumstances before and after the injury. Accordingly

I seem to appear.

According to each of the above evidence, such as the statement of each of the victims with credibility, it is recognized that the defendant, while fighting with the victims due to the use of a scam for a scam for a scam, was faced with the victim D, was faced with the side scam of the victim D, was pushed down with the victim D, was pushed down with the victim D, exceeded the floor, and exceeded three times the victim E's scam by hand.

③ According to the victim D and E’s respective legal statements, the victim D fights with the Defendant as above, and the following fertilizer booms.

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