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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 의정부지방법원 2016.04.21 2015노3147
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to each of the facts charged in the instant case, there was no intention of assault against the victim as to the crime of assault by mistake of facts and misapprehension of legal principles, by using violence, such as fighting the victim's fighting for the case of a private accident and scambling the defendant, etc.

Even if the defendant's act constitutes violence, it is a legitimate defense or legitimate act that has committed defense to restrain the victim's assault.

B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. In light of the background and situation at the time of the occurrence of each of the instant assault, the means and result of each of the Defendant’s act, the attitude at the time of the Defendant’s person, etc., revealed by the evidence duly adopted and investigated in the lower court’s determination as to the assertion of misunderstanding of facts and legal principles, the Defendant may sufficiently recognize the facts of assault as stated in the lower judgment, and there is no evidence to support the circumstance that the victimized person, as alleged in the Defendant’s judgment, abused the Defendant, or was defending the victim in the course of the Defendant’s assaulting the victim

Even though the victim used violence against the defendant in the course of a dispute, since the assault inflicted on the victim has the nature of an attack, it cannot be viewed as a justifiable act that does not go against the legitimate defense against another person's unfair infringement or social norms.

Therefore, the defendant's assertion that there was no intention to commit violence against the victim or that the assault against the victim constitutes a legitimate defense or a legitimate act cannot be accepted.

B. The degree of assault by the defendant against the victim is relatively minor and there is no criminal record of the same kind.

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