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(영문) 대구지방법원 2014.12.30 2014노2434
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Legal principles are self-defense inasmuch as the Defendant committed an act to defend the victim’s assault.

The lower court which found the Defendant guilty of the facts charged of this case erred by misapprehending the legal doctrine.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (700,000 won of a fine) is too unreasonable.

2. Determination

A. The act of attack and defense committed by a fightingr and the act of defense committed by a person against whom the determination of the misapprehension of the legal doctrine is made, and the act of defense was simultaneously conducted at the same time, the act of defense cannot be deemed as a legitimate act for defense or self-defense by causing only the act of either party.

(2) In light of the circumstances surrounding the crime of this case and the degree of damage to the Defendant and the victim, the Defendant’s act does not constitute self-defense as an act with considerable reason to defend himself/herself out of the victim’s attack, and thus, constitutes self-defense, according to the evidence duly adopted and examined by the lower court. The Defendant’s act does not constitute self-defense in light of the circumstances leading up to the crime of this case and the content thereof, and the degree of damage to the Defendant and the victim.

The judgment of the court below which found the defendant guilty of the facts charged of this case is just, and there is no error of law.

B. The Defendant was an initial offender, and at the time of the instant case, the Defendant suffered violence from the victim, thereby getting sponsed against his retirement.

It is difficult for the defendant to be in economic situation, such as being a basic livelihood recipient.

However, the crime of this case is not weak because the defendant's face and loss of the victim during the dispute with the victim was inflicted on the victim.

In addition, records and arguments, such as the motive and background of the instant crime, degree of assault used by the Defendant, equity with the punishment received by the victim who fighting together with the Defendant, age, character and conduct, environment, etc.

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