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(영문) 서울중앙지방법원 2014.02.13 2013노4169
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the course of unilaterally facing violence from the victims and defending them, the Defendant did not have any act of cutting down the clothes of the victim C or cutting down the victim G, making the victim c’s bat, making the bat, or making the bat, or making the bats of the victim G.

B. At the time of the misapprehension of the legal principle, the Defendant agreed with the victim C in relation to traffic accidents in the public prosecutor's office, which led to this agreement, and sought contact at the victim's office. The victims' assaulted the Defendant, and during the process of defending the victim's threat, constitutes self-defense. This merely constitutes self-defense.

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

2. Determination on the grounds for appeal

A. The following circumstances revealed through the evidence duly adopted and investigated by the court below and the court of first instance regarding the assertion of mistake of facts: ① the victims made a concrete statement of the principal facts of the crime of this case, such as the reason why the victims suffered injury from the defendant at the time of the investigation agency to the court of original trial, the process, method, and subsequent circumstances; ② according to the cell phone image of the victim at the time of the occurrence of traffic accident, the defendant was found in the victim’s office and made a large objection to the victim’s office in relation to the compensation for traffic accident; and, in light of the fact that the victim’s right hand hand hand hand hand hand hand hand hand hand hand over the victim who met this, continued to kill the victim’s body for about 20 minutes until the police officer was dispatched, the victim’s injury was recorded in the charges of assault and injury as stated in the charges of the crime.

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