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(영문) 광주지방법원 2013.11.06 2013노1779
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant has not inflicted any injury on the victim by mistake of facts as stated in the facts charged.

B. The Defendant’s act of political party is merely a fighting with one another’s body to avoid violence from the victim, and thus, the illegality is dismissed as a justifiable act.

C. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. The victim of the assertion of mistake of facts recognizes the credibility of his/her statement since he/she has made a specific and consistent statement from the investigation stage to the court of the court below as to the defendant's act of assault and damage, and according to the video recording of CCTV at the time of the instant case, it is sufficient to find the defendant guilty of the facts charged since he/she is found that the defendant was able to take care of the victim's face by drinking up two descendants after leaving the victim's face.

Therefore, the defendant's above assertion is without merit.

B. In light of the circumstances and the situation at the time of the instant act, the degree of injury to the victim, etc., the instant act by the Defendant as to the assertion of a justifiable act constitutes an active act of attack beyond the scope recognized by social norms, and thus, cannot be deemed as a justifiable act.

Therefore, the defendant's above assertion is without merit.

C. There are circumstances to consider the background of the instant crime in determining the allegation of unfair sentencing, and the Defendant’s failure to commit violence is a favorable condition.

However, in light of the circumstances that are disadvantageous to the victim, such as the degree of injury to the victim, and the absence of agreement with the victim until this court, and other unfavorable conditions of sentencing as shown in the records and arguments of this case, such as the defendant's age, character, conduct, occupation and environment, motive and circumstance leading to the crime of this case, and circumstances after the crime, the sentence of the court below is too unreasonable.

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