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(영문) 인천지방법원 2020.09.17 2019노4431
상해
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

Summary of Grounds for Appeal

A. misunderstanding of facts and misunderstanding of legal principles 1) The Defendant did not pluck or pluck up the victim’s fingers, and did not have any intention to injure, and the causal relationship between the Defendant’s act and the victim’s injury is not recognized. 2) The injury suffered by the victim does not constitute an injury as minor.

3) The Defendant’s act is merely a passive act against the victim’s unlawful infringement of legal interest, and constitutes self-defense or legitimate act. 4) The Defendant believed that it was justifiable to restrain the victim’s act without authority to represent the council of occupants’ representatives, and there was justifiable reason to believe that such act was justifiable.

Since the act of a defendant is caused by mistake in the law stipulated in Article 16 of the Criminal Act, the defendant cannot be punished.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 500,000 won) is too unreasonable.

2. Determination

A. In light of the difference between the first instance court and the appellate court’s method of evaluating the credibility of a statement made by a witness of the first instance court in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or unless there are special circumstances to deem that the first instance court clearly erred in the determination of the credibility of a statement made by a witness of the first instance court in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or the first instance court’s determination of the credibility of a statement made by a witness of the first instance court is clearly unreasonable in full view of the results of the first instance court’s examination and the results of additional evidence examination conducted until the closing of arguments in the appellate court, the appellate court shall not reverse the first instance judgment on the ground that the first instance court’s determination of the credibility of a statement made by a witness of the first instance court

In particular, in the case of evidence supporting the facts charged,

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