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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 의정부지방법원 2018.05.17 2017노2858
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of the facts and legal principles, while the victim and the victim were in a vagabonds, only caused the victim's loss by putting the victim's shoulder down, and there is no intention to injure the victim as stated in the facts charged in this case.

In addition, the above acts of the defendant are legitimate defense or legitimate acts.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court’s duly admitted and investigated evidence regarding the assertion of misunderstanding of facts and misapprehension of the legal doctrine, i.e., the victim sustained injury as stated in the lower judgment, consistently with the Defendant at the investigative agency.

The statement, ② At the time of the instant case, I, J, K, etc., which had been witnessed the dispute between the Defendant and the victim, made a statement that conforms to the facts charged in the instant case to the purport that the victim was in excess of the floor by assaulting the victim, and ③ N, M,O, and U did not view that the victim was in the face of the victim.

However, in the case of the above witnesses, the progress of the fighting was correctly observed at a remote place from the defendant and the victim.

In full view of the fact that it is difficult to see the purport of the statement, and it appears to the purport that the Defendant did not accurately see the victim, rather than excluding the victim, ④ that the Defendant has frequently conflicted with the victim prior to the instant case, ⑤ that the Defendant also did not completely deny the victim’s exercise of force by making the victim’s arms by putting the victim’s shoulder, and thus, it is sufficiently recognized that the Defendant lost balance as a result of exercising force against the victim, and that the victim was injured during that process.

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