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(영문) 의정부지방법원 2015.04.14 2014노2289
폭력행위등처벌에관한법률위반(공동상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts1) At the time of the instant case, the Defendant merely put the victim E’s arms, etc. to assault the victim E, and did not inflict an injury on E. 2) The Defendant’s act constitutes a justifiable act that does not violate self-defense or social rules, as it was passive response to the unilateral violence of E.

B. The lower court’s sentence of unreasonable sentencing (1.5 million won of a fine) is excessively unreasonable.

2. Determination

A. Regarding the assertion of mistake, 1) The following circumstances acknowledged by evidence duly adopted and investigated by the court below, namely, ① the defendant asserted with the victim, namely, (1) the defendant was in dispute with the victim, (2) the defendant's wife took a bath to the victim, and (3) the victim was faced with several times, and the injury diagnosis issued on July 26, 2013 stated that "the victim may have an evidence of the erode, and may have an erode after a close inspection," and the injury diagnosis issued on August 16, 2013 added opinions to the victim's view; (4) the defendant stated that "the defendant was exposed to E, and the defendant was exposed to E," (5) the defendant's act was conducted beyond the victim's motive and influence in the process of fighting and other circumstances, and the victim's act was acknowledged in light of the following circumstances:

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