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(영문) 대전지방법원 2014.11.27 2014노1887
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles 1) The Defendant did not commit assault or bodily harm to the victim C, such as the facts constituting the crime in the judgment below. 2) Even if the fact of assault is recognized, this constitutes self-defense to defend the present unfair infringement.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 300,000 won) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court’s duly admitted and investigated evidence regarding the assertion of mistake of facts, i.e., CCTV data, etc. were developed as a unilateral attack against the Defendant or C.

It appears that both parties were assaulted by one another. ② At an investigation agency, C made a statement to the effect that “I am her head her head her head her head her head her head her head her head her head her head her head her head her head her head her head her with no person, etc.,” and also stated to the court of the original instance to the effect similar thereto. ③ According to the injury diagnosis document submitted by C, C suffered injury to C such as her head her head her head her face her face her face her face her face her face her face her face her face her head her face her head her head her head her head her head her head her head her head her head her head her head her head her head her head her head her head her head her head her head her head her head her head her he she is not his her head her head her from the date of the first diagnosis.

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