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(영문) 부산지방법원 2018.11.30 2018노2522
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In addition, the Defendant did not assault the victim by cutting off brooms used by the victim, and the victim first fell into the victim's head in the process of leaving brooms in order to defending the price of the defendant's head by brooms, and this constitutes a legitimate defense, but the court below convicted him of the facts charged in this case. The judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The punishment sentenced by the lower court (the penalty amount of KRW 500,000) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of fact, i.e., ① the victim statement from the investigative agency to the court of the lower court consistently to the effect that “a stick carrying the side of the victim’s head on several occasions with his head attached to the toilet be cut off.” ② The victim statement from the investigative agency to the court of the lower court to the effect that “the defendant knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.”

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