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(영문) 창원지방법원 2020.12.18 2020노1162
상해
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts and misunderstanding of legal principles did not exercise the form of injury to the extent that the injured party (the upper party B) did not have any intention to inflict injury. The injured party’s wife is sufficiently and naturally cured to the extent that it does not interfere with daily life, and thus does not constitute the crime of injury. The injured party, under the circumstances where the Defendant A and his family members and customers are located, committed an act by finding the above defendant’s house and opening a gate and assaulting the said Defendant. The above Defendant was merely a defensive act to prevent the victim from entering the house. As such, it constitutes self-defense or an excessive defense due to fear, light, entertainment, or yellow dust under the night or other extraordinary circumstances. 2) The punishment of the lower court of unfair sentencing (one million won of fine) is too unreasonable.

B. Defendant B (Defendant B) misunderstanding of facts was unilaterally committed by the victim (Defendant A) and was tried to file a petition against the victim, and did not inflict an injury on the victim. Defendant B (Defendant A) the sentence of unfair sentencing decision of the lower court (Defendant 1 million won) is too unreasonable.

2. According to the evidence duly adopted and examined by the court below regarding Defendant A’s assertion of misunderstanding of facts and misapprehension of legal principles, it can be sufficiently recognized that Defendant A committed an injury by assaulting the victim by means of inter-conscepting with the victim, fighting body, etc. as described in the facts charged, and the degree of the injury suffered by the victim is beyond the same degree as that of the wound ordinarily likely to occur during his daily life, and it can be recognized that the degree of the injury suffered by the victim was damaged by the completeness of the body or interfere with physiological functions. The above Defendant

In addition, the process of the crime recognized by the above evidence and the method of assault used by the defendant A.

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