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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울남부지방법원 2015.05.07 2014노2074
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the course of misunderstanding of facts or misunderstanding of legal principles, the Defendant did not know that his hand was in contact with the victim’s face, but did not see the victim’s face because he was drinking, and the degree of contact with his hand during the defense process above constitutes self-defense or legitimate act. Thus, the Defendant’s illegality is dismissed.

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, and sentenced the Defendant guilty.

B. Even if the court below found the defendant guilty of unfair sentencing, the sentence imposed by the court below on the defendant in light of the behavior and degree of assault, the defendant's family relation and health status, etc. is too unreasonable.

2. Determination

A. The judgment of the court below on the assertion of mistake of facts is acknowledged based on the evidence duly adopted and investigated by the court below, i.e., the following circumstances: ① the victim stated from the investigative agency to the court of the court below that he was the drinking face from the defendant; ② the victim went to the laund house on the day of the crime of this case; ② the victim went to the laundry house and went to the laundry house because five minutes after the crime of this case; ③ the victim was her laundry to the laundry house owner; ③ the victim was her her member of the following day of the crime of this case, and was diagnosed as having been diagnosed as having been diagnosed as having been brain dust, etc.; ④ the victim was diagnosed as having been an open wound of the laundry; ④ the victim was diagnosed as having the victim's face in light of the body and degree of injury suffered by the victim; and the degree of blood transfusion; and, in full view of the fact that it is difficult for the defendant to deem the above injury to the victim by the means stated in the charges.

Therefore, the judgment of the court below is just, and the defendant is guilty.

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