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(영문) 수원지방법원 2012.09.27 2012노1266
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five days.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding ① In relation to the fact of assault against the victim D, the court below found the defendant guilty of this part of the facts charged despite the fact that the defendant was closely involved in the crime of assault against the victim D, which was an anti-private act to protect C, there is an error of law by misunderstanding the facts, and ② in relation to the fact of assault against the victim G, the court below found the above victim guilty of this part of the facts charged on the ground that there was no misunderstanding of facts.

B. In light of the overall sentencing conditions of the instant case, the lower court’s sentence (20 days of the former sentence) is too unreasonable.

2. Determination

A. (1) The summary of this part of the facts charged was D and D, F, G, and Si expenses that were refused in the process of admitting D as gambling addiction, which was conducted by the Defendant, as well as C, in front of the prior hospital located in Sungnam-si, 17:30 on November 25, 2010, at around 6117, G, and Si expenses, around 17:30 on November 25, 2010.

Accordingly, the Defendant assaulted the victim D's body by setting up against the victim D's breast with the victim's chest at one time as tight hand, and driving the victim D's chest at one time as chest.

(B) The lower court determined that it was difficult to view this part of the facts charged as legitimate self-defense, by comprehensively taking account of the evidence as indicated in its judgment.

(C) At the time of the investigation process to the trial court, the Defendant: (a) acknowledged that the victim D committed an act of assaulting the Defendant’s chest by setting up against the Defendant’s chest one time by hand at the victim’s chest; and (b) asserted that the Defendant did not constitute a crime of self-defense or a legitimate act because the victim D committed an act of assaulting the Defendant’s chest one time by setting up against the Defendant’s chest.

Therefore, we can see, ...

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