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(영문) 서울북부지방법원 2012.11.08 2012노985
상해
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles are erroneous in the judgment of the court below which convicted the defendant, even though the defendant did not neglect the victim C and D and the victim's head debt was self-defense.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the lower court, the Defendant is dissatisfied with the victim D and shouldered in Emina as indicated in the judgment of the lower court on October 4, 201, and it can be recognized that the victim’s face was at the time of the victim’s face by breaking his head debt and by hand. The Defendant’s act has the nature of an attack against the victims’ attack, and thus does not constitute self-defense.

B. However, D also testified that the defendant had the head debt at the court of the court below, but did not take the hand, and the evidence submitted by the prosecutor alone is difficult to acknowledge the fact that the defendant committed satisfyal satfy, etc. requiring around three weeks of treatment in consideration of the face of the victim D in the facts charged of this case by hand, and there is no other evidence to acknowledge this differently. Thus, this part of the defendant's assertion is with merit.

3. As such, the defendant's appeal is justified within the above scope of recognition, without examining the argument of unfair sentencing, and the judgment of the court below is reversed under Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is identical to the description of each corresponding column except for changing “the face of C and D in his/her hand” from the facts charged of the judgment below to “the face of C in his/her hand”. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257 of the Criminal Act concerning criminal facts and the choice of punishment

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