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(영문) 창원지방법원 2013.12.19 2013노1457
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the victim of a mistake of mistake committed a fighting on the body of the victim with a breath by cutting down the Defendant’s fat, and preventing the Defendant’s chest, the Defendant’s act constitutes legitimate self-defense, the lower court found the Defendant guilty of the facts charged in this case. In so doing, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The lower court’s sentencing (fine 500,000 won) is too unreasonable.

2. Determination

A. We examine the argument of mistake of facts. The following circumstances acknowledged by the court below by comprehensively taking account of the evidence duly adopted and examined by the court below: ① the victim made a concrete statement that the victim did not go beyond 5 times in a canter because the part of the victim was frighted at a canter; ② the defendant also recognized the victim's fright and 4 to 5 times in a canter (in the face of No. 18 of the Investigation Record), ③ the defendant brought an action against the victim's assault and defense at the time when the defendant was just before the trial. Considering the following circumstances, the defendant's defense is difficult to believe that the defendant's defense was against the victim's fright, as stated in the judgment of the court below, such as frightening the victim's fright, 4 to frighting the victim's fright, and frighting the victim's fright, frighting the victim's fright, and making it 4 to fright the victim's defense.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged in this case is just, and it cannot be said that there is an error of law that affected the conclusion of the judgment by misunderstanding the facts as alleged by the defendant. Therefore,

B. We examine the argument on unfair sentencing.

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