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(영문) 서울남부지방법원 2015.02.13 2014노894
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In determining facts, the Defendant did not inflict any injury on the right side of the victim B, such as the victim B, as stated in the facts charged of this case.

(B) The injured party did not put his arms against the defendant, and thereby spawn it only.

Even if so, as indicated in the facts charged in the instant case, the Defendant suffered injury in the course of spreading the victim’s arms.

Even if this is the act of the victim's flabing the defendant's flabing and cutting down his flab, and then, it is an act done at the defense level. Thus, it is not illegal as it constitutes self-defense under Article 21 of the Criminal Code.

C. The sentence (one million won of fine) imposed by the court below on the grounds of unreasonable sentencing is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the lower court, such as the following facts: (a) the judgment on the assertion of mistake of facts; (b) CCTV images; (c) injury diagnosis; and (d) the witness B’s statement in the original trial; and (c) the Defendant, as stated in the facts charged in the instant case, was found to have suffered injury that requires approximately four weeks of medical treatment, such as the victim’s right 5-day therapy, on the ground that: (a) the Defendant went to a restaurant operated by the Defendant without paying the food payment; and (b) the Defendant left the restaurant before the restaurant and left the restaurant again; and (c) the Defendant continued to fright the Defendant, and (d) fright the victim’s arms, frighting the victim’s arms, and frighting the victim, and thereby,

(The date of preparation of the injury diagnosis is close to the time of the occurrence of the injury, and there is no reason to suspect specially credibility in the process of issuance of the injury diagnosis report).

In light of the overall circumstances indicated in the record, such as the judgment of the misunderstanding of legal principles, the defendant's behavior shown in the CCTV image, the degree of injury to the victim, etc., the above behavior of the defendant against the defendant is unfair.

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