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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2013.11.14 2013노3783
폭행
Text

All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. Grounds for appeal;

A. The Prosecutor’s sentencing (six months of imprisonment and two years of suspended sentence) is too unfuneed and unjust.

B. Defendant 1) misunderstanding of facts and misunderstanding of legal principles: there is no misunderstanding of facts and misunderstanding of legal principles: the victim's shoulder is merely a passive solution by harming the defendant; the defendant's act constitutes a legitimate act under Article 20 of the Criminal Act or a legitimate self-defense under Article 21 (1) of the Criminal Act; however, the judgment of the court of original judgment which judged otherwise is erroneous in misunderstanding of facts and misunderstanding of legal principles. 2) The sentencing of the court

2. Determination

A. According to the evidence duly adopted and examined in the judgment of the court below as to the assertion of mistake of facts and misapprehension of legal principles, evidence conforming to the facts charged in this case includes the statement in the court of the court below and the investigative agency of the court below and part of the victim's wife F. It is consistent and relatively objective that the above E is a lessee like the victim, and the victim's wife's wife's wife's wife's wife. One of the whole statements is consistent and relatively objective (it seems that there seems that there seems to be no big difference between the victim and the defendant's secret, because it is close to one another). In light of the fact that the statement (in particular, the court statement of the court below) is reliable, and there is no other difference between the defendant and the victim's body, and that there is no abnormal signs about the victim's health at around the time of this case, the victim's body cannot be acknowledged by exercising the victim's ability to repeat the victim's body by taking account of the following facts.

In addition, under the above circumstances, even if the defendant can sufficiently avoid the body being removed from the body being pushed back by the defendant, the victim's exercise of force.

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