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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울북부지방법원 2016.12.15 2016노1796
상해등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In regard to facts constituting an offense as indicated in the lower judgment, mistake of facts and misapprehension of legal doctrine (1), Defendant A did not commit an assault against the victim, and if Defendant A was unable to commit an offence against the victim while the victim was verbally or in dispute with the victim, it constitutes self-defense or legitimate act.

(2) As to the crime No. 2 of the judgment below, the Defendants did not have any dispute with the victim before the apartment entrance, but did not enter the residence of the victim.

B. The sentence imposed by the lower court on the Defendants (Defendant A: a fine of one million won, and a fine of five hundred thousand won) is too unreasonable.

2. Determination

A. In full view of the evidence duly adopted and examined in the judgment of the court below as to the assertion of mistake of facts and misapprehension of legal principles and the following circumstances admitted by these evidence, the fact that Defendant A inflicted bodily injury on the victim as stated in the crime No. 1 in the judgment of the court below, and the fact that the Defendants invaded upon the victim’s residence as stated in the crime No. 2 in the judgment of the court below

In addition, Defendant A’s act of inflicting bodily injury on the victim cannot be deemed as legitimate self-defense or legitimate act.

Therefore, the judgment of the court below does not contain any error of mistake or misapprehension of legal principles as alleged by the defendants, and the defendants' above assertion is without merit.

① 피고인 A은 수사기관에서 '피해자가 이 사건 당시 자신의 이마를 손톱으로 할퀴고 자신의 머리카락을 잡았으며, 자신은 그때 이를 피하다가 발을 삐끗하여 오른쪽 다리를 접질렸다.

He did not set up against himself at all and unilaterally.

Since it is said that the police officer reported to the police, and the police officer was assaulted by the victim, the police officer was also the victim later.

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