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(영문) 수원지방법원 2015.11.25 2015노1694
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles are limited to the crime of assault by the victim, and there was no intention to injure the victim.

Even if the defendant's act constitutes an element of the crime of bodily injury, the illegality of the defendant's act is excluded as a legitimate act.

Nevertheless, the court below found Defendant guilty of the facts charged of this case. The court below erred by misunderstanding facts or by misapprehending legal principles, which affected the conclusion of the judgment.

B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, the defendant, as stated in the facts of the crime in the judgment below, marks the victim's head debt with flachi, and can be recognized that the victim's leg was inflicted upon the victim several times, such as flachis and tensions requiring approximately two weeks medical treatment. The establishment of the crime of injury requires sufficient awareness of the assault, which is the cause of the injury, and it does not require the defendant's intent to inflict injury (see, e.g., Supreme Court Decision 9Do4341, Jul. 4, 200). In light of the defendant's method of assault and its circumstances, it can be acknowledged that the defendant had awareness of the assault at the time of assaulting the victim as above.

Therefore, the defendant's above assertion is without merit.

B. As to the assertion of misapprehension of the legal principles, the attack and defense are continuously cross-sectioned between the persons who conduct attack and defense, and the act of defense is also in the nature of both areas where the attack is committed at the same time, so it is common sense that either party’s act is a legitimate act for defense or it is difficult to view it as constituting self-defense.

However, even if the appearance seems to be likely to take place, one of the parties is unilaterally.

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