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(영문) 서울남부지방법원 2020.07.21 2019노1350
폭력행위등처벌에관한법률위반(공동상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There was a misunderstanding of facts, but there was no fact that the Defendant inflicted an injury as much as being diagnosed with six weeks prior to the misunderstanding of facts.

B. Legal principles are self-defense or legitimate acts because the victim B, with a deadly weapon whose body is unknown, knife the part of the defendant's clothes against knife, thereby leading the victim to drinking.

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

2. Determination

A. The Defendant alleged the aforementioned purport in the lower court’s judgment as to the assertion of mistake of fact, and the lower court acknowledged the fact that the Defendant, in collaboration with the person who was unable to perform his/her name, inflicted an injury necessary for six weeks of medical treatment.

In light of the records, a thorough examination of the judgment of the court below is just and the defendant's assertion on this is without merit.

B. According to the CCTV image (Evidence Nos. 17) around the scene of the crime at the time of the crime of this case, the judgment of the court below as to the assertion of legal principles as to the assertion of the legal principles, the defendant was at the time of facing the defendant's female-friendly D's face by drinking in order to fight, and the victim was at the time of the victim's body in response thereto. The victim was at the time of the defendant's personal name unsatisfing, while the defendant's personal name unsatisfed, and the victim was fighting with each other. The victim was at the time of the victim's physical body, and the victim was at the time of the crime of this case. The victim was recognized that the defendant was at the top of the f's body flick with the defendant's shoulder flive disease flick with the defendant's ship,

According to the above facts, the victim cannot be deemed to have taken the victim against knife by knife the part of the defendant's clothes with a deadly weapon whose body is unknown, and it cannot be deemed that the defendant's act constitutes legitimate self-defense or legitimate act as passive defensive act.

. relating to this.

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