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(영문) 제주지방법원 2016.04.28 2015노648
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In other words, the Defendant did not err by misapprehending the legal principles or by misapprehending the legal principles.

2) There is a fact that the defendant assaulted the victim.

However, this constitutes legitimate defense, which is caused in the process of escaping from violence of the victimized person.

B. The punishment of the lower court (10 million won) is too unreasonable.

2. Determination

A. 1) The defendant alleged that there was no misunderstanding of the facts or misapprehension of the legal doctrine that there was an assault against the victim in the court below, but the defendant stated in the court below that there was no misunderstanding of the facts or assault against the victim.

However, the following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., ① the victim was found to have been operated by the defendant on the ground that the victim committed a large voice, ② the victim made a relatively concrete statement at an investigative agency about the statement and behavior of the defendant committed in assaulting the victim, ③ the victim’s statement is not deemed to be false, ③ the victim was provided with medical treatment at the F hospital, ③ the medical doctor’s name stated in the medical doctor’s statement, such as “the victim was provided at the F hospital, spambows, spambows, and spambows,” and the victim’s statement corresponds to the part of the injury that the victim stated in the judgment of the court below. In full view of the following circumstances, it can be sufficiently recognized that the defendant used the victim as described in the facts of the crime.

2) The defense of a political party as stipulated in Article 21 of the Criminal Act regarding a political party’s defense assertion is for the purpose of defending the current infringement of one’s own or another’s legal interest, and there is a considerable reason. In order to establish a legitimate defense, the type, degree, and method of infringement of the legal interest infringed by the infringing act;

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