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(영문) 수원지방법원 2015.01.12 2014노6119
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the victim of misunderstanding of facts and misunderstanding of legal principles when he was at the time of the victim's head by stick to prevent this from being committed, the defendant's act constitutes self-defense or excessive self-defense.

B. At the time of the instant case, the Defendant was in a state of mental disorder or mental disability due to drinking.

C. The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A. According to the victim's statement and witness's statement on the assertion of mistake of facts and misapprehension of legal principles, since the defendant can recognize the fact that the victim who operated the packing horse gets the victim's head due to the defect of the victim's head due to the stick, thereby causing injury to the victim, the defendant's argument of mistake of facts is not acceptable.

Furthermore, the Defendant’s above act cannot be deemed as self-defense or excessive defense, and thus, the Defendant’s assertion of misapprehension of legal principles cannot be accepted.

B. According to the records of this case as to the assertion of mental and physical disorder, even though the defendant was aware of drinking alcohol at the time of the crime of this case, considering such circumstances, the defendant's mental and physical disorder assertion is not deemed to have reached a state where the defendant was unable to discern things or make decisions at the time of the crime of this case, in light of the circumstances such as the background of the crime of this case, the means and methods of the crime of this case, the attitude and behavior of the above defendant before and after the crime of this case, and the circumstances after

C. The instant crime on the assertion of unfair sentencing is an act of causing bodily injury to the victim in light of the victim’s head by using a protruding cane, which is a dangerous object without any particular reason, and its nature is very poor, and the Defendant has been punished several times including the same kind of punishment.

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