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(영문) 춘천지방법원 2018.07.20 2017노1157
상해
Text

All appeals by the Defendants are dismissed.

An applicant for compensation shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A only committed an act of cutting bomb around 1st and pushing ahead with the victim B, which constitutes a legitimate defense or passive resistance against the victim’s attack, but the lower court erred by misapprehending the legal doctrine.

In addition, the sentence imposed by the court below is too unreasonable.

B. Defendant B unilaterally committed an assault against the victim A, and that the Defendant was injured by the victim’s act of breathing the victim’s breath.

It is difficult to see the degree of injury, and it is difficult to see that the degree of injury constitutes an injury under the Criminal Act to the extent that it can be naturally cured.

The defendant's act of playing a balbbage is a legitimate defense of the victim.

Nevertheless, the lower court erred by misapprehending the facts and misapprehending the legal doctrine.

In addition, the sentence imposed by the court below is too unreasonable.

2. Determination

A. As the court below properly explained on the Defendants’ assertion of misunderstanding of the facts or misapprehension of the legal principles, it can be recognized that the Defendants exercised their physical power in the process of wrapping each other, thereby causing the other party to “injury” under Article 257(1) of the Criminal Act, and it is difficult to view that the Defendants’ act constitutes legitimate defense or legitimate act.

All of the defendants' arguments of misunderstanding the facts or misunderstanding the legal principles are rejected.

B. There is no significant change in circumstances to consider the sentencing of the Defendants after the judgment of the court below regarding the Defendants’ unfair argument of sentencing.

Examining the conditions of sentencing indicated in the records and changes of the instant case, the lower court’s sentence cannot be deemed unfair on the ground that the Defendants asserted on the grounds of appeal, even in light of all the circumstances alleged by the Defendants.

All of the defendants' arguments about sentencing are not accepted.

3. According to the conclusion, all Defendants’ appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

Defendant

A is liable to the applicant for compensation.

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