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(영문) 광주지방법원 2012.10.19 2012노1520
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Expenses of the original judgment and the trial shall be borne by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that recognized the fact that the defendant was caused by beer's disease as a victim of misunderstanding the fact that the victim of misunderstanding the fact attempted to be the defendant due to beer's disease and the defendant was broken in the process of taking the victim's hand from the beer's disease, and thus, the victim's face was faced. Thus, the judgment of the court below erred by misunderstanding the fact that the defendant was caused

B. The lower court erred by misapprehending the legal doctrine that found the Defendant guilty on the ground that the Defendant’s act constitutes self-defense, contrary to the allegations of mistake of facts, prevents the Defendant from intending to scam the Defendant as a beer disease, and thereby adversely affected the conclusion of judgment.

C. The sentence imposed by the lower court on the Defendant (three million won of a fine) is too unreasonable.

2. Determination

A. The following circumstances acknowledged based on the evidence duly adopted and examined by the court below and the court below on the assertion of mistake of facts: ① the victim consistently faced a solitary beer disease, and the defendant stated that he was teared by beer disease with beer and beer disease with beer disease with beer and beerer disease with beer disease; ② the victim in the instant case shows that the part of the left part of the body of the body of the case is seriously teared, and ② the victim is unable to simply face the part of the body of the case without any other wound, in light of the length, depth, shape of the body of the body of the case, and tear, etc., it is hard to see that the victim's assertion merely spathing the part of the body of the defendant's body in the form of beer and teared in the form of beer.

기보다는 피해자의 진술대로 피고인이 깨진 병으로 찍어서 생긴 것으로 보이는 점, ③ E은 경찰에서 “와서 허리를 굽힌 채로 바로 닦았어요. 제 무릎이랑 옷에 묻어서 닦았죠. 그러더니 . 갑자기 뭐가 퍽 하더라니까요.”라고 진술하였고, 자필로 작성하여 제출한...

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