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(영문) 광주고등법원 (전주) 2020.02.10 2019노231
일반물건방화등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

On May 1, 2019, there is no misunderstanding of facts that there was no injury to the victim, such as brain salvin, due to the flaging of the victim's head and salking.

The victim of legal principles illegally occupied the land owned by the defendant, made a camping site, throw away garbage on the land, etc., and set them off in the course of protesting them, respectively. On January 25, 2019, the victim entered the stable for the operation of the victim on February 17, 2019, and May 1, 2019, respectively. On February 13, 2019, the victim destroyed 300s of the first three hundreds of the victim's possession on February 13, 2019, which is a justifiable act that does not go against social rules.

On May 1, 2019, the victim got the timber of the defendant first, and the defendant is self-defense because the head of the victim's head was shaken and shaking in order to oppose this.

The court below's sentence of imprisonment with prison labor for two years and forfeiture against the defendant is too unreasonable.

Judgment

According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the fact that the defendant, at around 12:40 on May 1, 2019, carried the victim's head fat with fat around 12:5, 2019, sealed the victim's head fat with other hand, and the victim's head fat with fating the victim's head fat, and caused the victim's injury to the victim, such as a brain fat with no two open fat for three weeks, by putting the victim's head fat around the floor.

This part of the defendant's assertion is without merit.

As to the assertion of misapprehension of the legal principles, the Defendant asserted the same purport in the lower court, but the lower court found the Defendant guilty of each of the instant facts charged with the intrusion on the structure of the instant building and the prevention of general goods by comprehensively taking account of the evidence duly admitted and examined, and rejected the Defendant’s above assertion on the grounds of detailed reasons.

The following circumstances acknowledged by the court below based on the evidence admitted by the court below.

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