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(영문) 인천지방법원 2013.09.06 2013노816
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the Defendant was under threat and assault upon the victim E’s request for the payment of unfair construction price at the time and place as indicated in the judgment of the court below; (b) the location was only emitted for the purpose of defending the victim with the mind that the occurrence of an accident resulting in an assault against the victim; and (c) the judgment of the court below which found the Defendant guilty of the facts charged was erroneous in the misapprehension of legal principles and violation of the rules of evidence; and (d) such punishment

2. According to the legal statement of the witness F at the trial court and evidence duly adopted and examined by the court below, the defendant requested the payment of the construction cost at the date and place as stated in the judgment below, and each other's opinion is high, and the defendant was scambling, and the defendant was scambling the scambling at the same place, and the defendant was scambling the gas gun without any warning. In light of the facts revealed in the above facts of the crime, the defendant's crime cannot be deemed to have been committed as a considerable means to protect his legal interests or as a last resort without any other means. In this regard, the court below's judgment which found the defendant guilty did not err by misapprehending the legal principles of self-defense or by violating the rules of evidence.

In addition, the judgment of the court below which rendered a suspended sentence for the lowest sentence through discretionary mitigation is not deemed to be excessively unreasonable, in light of the defendant's age, character and conduct, environment, and circumstances after the crime, etc., the defendant denied the crime of this case, and did not reach an agreement with the victim.

3. Thus, the defendant's appeal is without merit, and Article 364 (4) of the Criminal Procedure Act is not reasonable.

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