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(영문) 서울중앙지방법원 2012.10.26 2012노2947
폭력행위등처벌에관한법률위반(공동상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In order to prevent the assault from being committed first among Co-defendant B and Si expenses, the Defendant was in the process of taking a bus, and there is no fact that he abused B, such as B, in order to prevent the assault.

B. The Defendant’s act of putting B’s hand in order to avoid violence first from B constitutes self-defense or legitimate act.

C. The lower court’s sentence of unreasonable sentencing (the fine of KRW 700,000) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the defendant was at around 21:45 on December 13, 201, when the defendant was in the G urban bus that was in operation of Jongno-gu Seoul Fz. 312, and was in operation of Jongno-gu Seoul Fz., and on the ground that the defendant was caught by the defendant, he was plucked by B, the defendant was at the time of the defendant's snow b's eye, the defendant was at the time of drinking B's face, the E, F and the defendant's day Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha and Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha, and the defendant was at the face of the other party, and the defendant was at the face of Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha k, who caused the face.

Therefore, the defendant's above assertion is without merit.

B. As seen earlier, as to the assertion of legal principles, the Defendant’s act of assaulting B work jointly with H and causing injury to B and E in the process is rather than to defending unjust attack.

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