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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울서부지방법원 2015.09.18 2015노890
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to the crime of misunderstanding of facts, the Defendant was unilaterally subject to violence from the victim E at the time of the instant case, and resisted during that process, and there was no injury to the said victim as stated in the judgment of the court below.

Nevertheless, the judgment of the court below which found the defendant guilty of the crime of injury among the facts charged of this case is erroneous in the misapprehension of facts and affected the judgment.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated in the lower court’s judgment as to the assertion of mistake of facts, the Defendant’s assertion is without merit, as it is acknowledged that the Defendant inflicted an injury on E as stated in the facts constituting the crime in the lower judgment

① The victim E consistently stated in the investigative agency that “The Defendant was able to take a bath on the ground that the victim E, who is the general secretary of the Institute of Public Notice, did not put breath a breath, and was tightly sealed in a fluent and drinking, and during that process, the Defendant carried the victim’s left breast part of the victim’s chest.”

② A victim E submitted a written diagnosis of injury to the Defendant that he/she suffered a scarcity, associates, etc. requiring medical treatment for about two weeks, due to assault by the Defendant.

③ At an investigative agency, the Defendant also recognized the fact that the victim E was able to boom and display his hand, and the fact that the victim E’s timber and the left chest was inflicted on the victim E.

Although the Defendant is a defensive act, the Defendant and the victim E, taking into account all the circumstances, such as the motive and circumstances leading to fighting, the means and degree of the harmful act committed by the Defendant E, the means and method of the Defendant’s act, and the consequences of the act.

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