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(영문) 광주지방법원 2015.10.15 2015노636
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding the defendant only shouldered the shoulder of the victim and did not injure the victim by knife.

B. In light of the legal principles, the Defendant’s act was self-defense inasmuch as the Defendant shouldered the Victim’s shoulder to escape from the Defendant’s stroke, she is deemed self-defense.

C. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment, two years of suspended execution) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following facts admitted by the lower court as to the mistake of facts and the evidence duly admitted and investigated by the trial court and the trial court, the fact that the Defendant suffered injury to the victim on a multiple occasions can be acknowledged.

1) The victim consistently stated in the investigative agency and the court of the court below that "the defendant was interested by conflict with his/her father on the day of the case," and that he/she tried to have his/her own sex in his/her kitchen and her body knife with him/her, and so he/she tried to have his/her body knife by getting out of the kitchen. Then, he/she opened his/her own cell phone. Then, the victim stated that he/she went out of the family and his/her cell phone. 1. The victim's investigation report (Attachment of documents, etc. related to the damaged part of the suspect B), investigation report (Attachment of documents, etc. related to the damaged part of the suspect B), victim's damaged part and his/her family photograph conform to the above statement, 2. F's investigative agency and the court of the court below's testimony are the same as the victim's statement in the case, 3. The victim's statement and his/her opinion in the investigative agency and the court below's testimony are hard.

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