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(영문) 서울중앙지방법원 2014.10.30 2014노2989
폭행치상
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles, the Defendant did not spawn with the victim, but unilaterally committed violence by the victim, such as spawning the victim, and only divided them into spawn and spawn down on the ship after spawning or cutting the victim. This constitutes legitimate self-defense.

In addition, the defendant's act is difficult to inflict an injury at cage cage as stated in the judgment of the court below. Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The sentence of a fine of three million won imposed by the court below on the defendant is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the court below's argument of mistake of facts and misunderstanding of legal principles, i.e., (i) although the victim was lawfully adopted and investigated by the court below, the defendant first fell on the part of the victim before the victim occurred while the victim was pushed ahead of it, (ii) the victim went at low level, and (iii) the defendant was physically injured by the victim due to the victim's physical appearance; (iv) the victim immediately reported to the police; and (iv) the victim visited the hospital due to the same day; and (v) the victim was diagnosed by the head of 6 weeks of medical treatment as stated in the judgment of the court below, it does not constitute self-defense by the defendant's act beyond defending the victim's unfair attack; and (v) the victim's act did not constitute self-defense by the defendant's unlawful act, and therefore, the victim suffered injury to the defendant's own victim due to the defendant's unlawful harmful act.

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