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(영문) 춘천지방법원 강릉지원 2015.04.09 2015노91
상해등
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. Summary of grounds for appeal;

A. Error of facts: (a) No. 1 at the time of original adjudication around June 8, 2014 and around 17:00 on the same day; (b)

B. (1) There was no assault against the victim H, such as the statement.

And at the time of the original adjudication around September 23:20 on September 4, 2014 by the Defendant

B. (2) There was no assault against the victim L and M as described.

B. The Defendant 1-C at the time of original adjudication around 10:30 on May 29, 2014, by mistake of facts and misapprehension of legal principles.

The act of assaulting the victim B, as described in the port, is merely an act of defending the victim B by putting the victim a knife and huhubing the defendant.

This is a self-defense and illegality is excluded.

C. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. The judgment of the court below No. 1-B

Comprehensively taking account of the evidence duly admitted and examined by the court below as to the determination of facts as to each of the assaults stated in the claim, it is reasonable to find the victims of each of the assaults guilty of each of the assaults of this case on the basis of the evidence held by the court below, in light of the fact that the statements made by the victims of each of the assaults of this case are very specific and consistent from the investigation agency to the court below's court. There

Therefore, the defendant's assertion of mistake is without merit.

B. The judgment of the court below No. 1-C

As stated in the judgment of the court below, the court below held that the victim B knife and find the defendant as the victim B was not about 10:30 on May 29, 2014, but about 15:10 on the same day as the same day, as stated in the judgment of the court below, and that the court below's determination of facts and misapprehension of legal principles as to the injury as stated in the port

On May 29, 2014, the date and time limit set forth in the port, around 10:30 on May 29, 2014, the above victim knife and did not find the defendant, the defendant's assault against the above victim does not constitute self-defense, and the defendant guilty of this part of the facts charged.

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