(영문) 대전지방법원 2016.09.29 2015노4125 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2016.09.29 2015노4125

상해

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below against Defendant A (unfair sentencing) is too unreasonable. It is unfair that the punishment of the court below (3 million won in punishment) is too large.

B. In relation to paragraph (b) of the instant facts charged against Defendant B 1, the Defendant did not pluck up or pluck up A’s fingers.

2) The instant act by the Defendant, by misapprehending the legal doctrine, constitutes a legitimate defense, since the instant act by the Defendant is for the purpose of defending A’s unilateral assault.

2. Judgment on Defendant B’s assertion

A. The following circumstances revealed by the evidence duly admitted and investigated by the court below regarding the assertion of mistake of fact: ① in the court of the court below, the defendant stated in the purport that “A included the Defendant’s damages, which caused two breaths, and the bones, which caused two breaths, and welsheshelshelsheshel”; ② as a matter of the defendant’s photographing the video images of A using a mobile phone, the defendant and the neighbors, including the husband, etc. during the process, told A to the effect that “B was plicked at present,” and “B was damaged.”

In full view of the following facts: “A”, “Handphones” and “blicks” repeated words, and attempted to continue to vary to the Defendant (the CD images submitted by the Defendant to an investigation agency); A also stated in the court of the original instance that the Defendant was aware of any clerical error when she talks about “blicks,” and ③ the upper part and degree of the injury diagnosis (Evidence 60 pages of the evidence record) issued after the formation of the instant case correspond to A’s statement, the Defendant could be recognized as having inflicted an injury on A, such as the facts charged, so the Defendant’s assertion of mistake is without merit.

B. In light of the background and motive of fighting between the Defendant and A, and the part and degree of injury suffered by A, etc. recognized by the lower court by comprehensively taking account of the evidence duly adopted and examined by the lower court as to the assertion of misunderstanding of legal doctrine

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