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(영문) 서울북부지방법원 2018.07.13 2018노427
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not injure the victim by mistake of facts or by misapprehending the legal doctrine.

At the time of the instant case, the victim bullyingd the Defendant while entering a parking section and recording with a smartphone, which is one another at the time of the instant case. While the Defendant opposed to this, the Defendant only sponsed the victim out of the ground, the victim harming the body of her body on the ground floor, even though she sponsed the victim out of the ground.

The behavior of a defendant constitutes a legitimate defense.

On the face of the recording file submitted by the victim, it can be known that the victimized person continued to bullying the defendant at the time of the case.

B. The sentence of the lower court’s improper sentencing (one million won in penalty) is too unreasonable.

2. Judgment on the misapprehension of the legal principle or mistake of facts

A. 1) In light of the difference between the first instance court and the appellate court’s method of evaluating the credibility of the Defendant’s testimony according to the spirit of substantial direct deliberation, the first instance court’s judgment as to the credibility of the statement made by the first instance court witness was clearly erroneous in light of the contents of the first instance judgment and the evidence duly examined in the first instance court.

In light of the following circumstances or the results of the first instance examination and the results of the further examination of evidence conducted by the appellate court until the closing of pleadings, the appellate court shall respect the first instance judgment as to the credibility of the statement made by the witness of the first instance court (see, e.g., Supreme Court Decisions 2008Do7917, Jan. 30, 2009; 2017Do7871, Mar. 29, 2018). The following circumstances acknowledged by the evidence duly adopted by the lower court and duly examined by the lower court, namely, ① the victim is consistently from the investigative agency to the court of the lower court to the court of the first instance.

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