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(영문) 의정부지방법원 2018.01.15 2017노981
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The victim suffered bodily injury in the course of leaving the victim's knife to the victim's knife to the victim's knife to the victim's knife that the victim's knife to the knife the victim's knife to the knife of the knife and the knife's knife to the victim's knife to the kn

Nevertheless, the judgment of the court below which convicted the charged facts of this case is erroneous in the misunderstanding of legal principles and affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (an amount of two million won) is too unreasonable.

2. Determination

A. In the lower court’s determination on the misapprehension of the legal doctrine, the Defendant asserted the same purport as the misunderstanding of the legal doctrine among the grounds for appeal.

In full view of the circumstances stated in its reasoning, the court below held that the defendant's act was inflicted an injury on the victim while being saved with the victim, and this does not constitute an emergency escape or a justifiable act.

Accordingly, the defendant's assertion was rejected.

Examining the judgment of the court below closely by comparing it with the records, the judgment of the court below is just, and it did not err by misapprehending the legal principles, thereby affecting the conclusion of the judgment.

B. The fact that there was an agreement with the victim to determine the unfair argument of sentencing, that there was no record of punishment as a crime of violence since 1997, and that there is a need to consider equality with the case where the judgment has become final and conclusive simultaneously with the case where the judgment has been rendered.

However, it seems that the degree of injury seems not to be light, and the injury was caused by the reduction of the fee and fighting without being familiar with the previous convictions, and other arguments in this case, such as the defendant's age, sex, environment, family relationship, motive and circumstances after the crime, etc.

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