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(영문) 광주지방법원 2013.05.22 2013노363
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s act of self-defense is an act of self-defense to restrain a victim who destroys an article under the influence of alcohol, and constitutes self-defense.

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. In light of the cause, circumstance, and circumstance of the instant case acknowledged by the evidence duly admitted and investigated by the lower court, the content and method of the Defendant’s act, and the victim’s injury level and degree, etc., the Defendant’s act is determined as a prior act beyond a socially reasonable defensive act to defend the victim’s wrongful attack, and thus, it is difficult to view it as a self-defense to defend the victim’s legal interest’s unfair infringement.

Therefore, this part of the defendant's argument is without merit.

B. In full view of the fact that the Defendant had been punished several times as violent crimes, the fact that there was no agreement with the victim until this court, and other various sentencing conditions as shown in the argument of the instant case, including the circumstances after the crime, the Defendant’s age, character, and environment, the lower court’s punishment is too unreasonable, and thus, this part of the Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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