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(영문) 대전지방법원 2017.10.19 2017노519
상해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant’s act of misunderstanding the facts and misapprehending the legal doctrine constitutes a passive act of defense against the present attack, which constitutes a legitimate defense.

2) The punishment sentenced by the lower court to the Defendant (one million won in penalty) is too unreasonable.

B. Prosecutor 1) dismissed the credibility of consistent statements A and F, and the lower court’s judgment that acquitted the Defendant partially was erroneous and adversely affected the conclusion of the judgment by misunderstanding the facts.

2) The sentence sentenced by the lower court against the Defendant is too unhued and unreasonable.

2. Determination as to the assertion of mistake of facts

A. Determination of the lower court as to the Defendant’s misunderstanding of the facts and misapprehension of the legal doctrine 1) The Defendant asserted the same purport in the lower court.

As to this, the court below held that the original defendant's act of pricing A was an act of attacking A and for defense only by the defendant.

The defendant's assertion was rejected on the ground that it does not appear.

2) Examining the above judgment of the court below in comparison with records, the defendant's act does not constitute a legitimate defense when considering the defendant's behavior attitude and the result therefrom.

The judgment of the court below is just, and there is no error of law by misunderstanding facts or by misunderstanding legal principles as pointed out by the defendant.

B. 1) The lower court’s determination on the prosecutor’s assertion of mistake of the facts reveals that the Defendant’s statement is relatively consistent, specific, and consistent from the investigative agency to the instant court in light of the part and degree of each injury inflicted by the Defendant, and the form of the destruction of personal injury. On the other hand, the Defendant’s statement in the instant facts charged, on the grounds that it is difficult to believe that it is difficult in light of the content of the statement and the attitude of the statement, etc., is carried with A and F.

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