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(영문) 부산지방법원 2019.02.01 2018노3430
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In addition, the defendant did not have a misunderstanding of facts or misunderstanding of legal principles as the victim's head, and even if so, the victim's head was the victim's head during the process of defending the defendant's wife first, which constitutes self-defense, and the court below found the defendant guilty of the facts charged in this case. The court below erred by misunderstanding of facts or misunderstanding of legal principles, which affected the conclusion of the judgment.

B. The sentence imposed by the lower court (one year of the suspension of the execution of a fine of KRW 700,000) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court’s argument of mistake of facts or misapprehension of legal principles, i.e., (i) the victim clearly stated in the investigative agency and the court of the lower court that “the Defendant was the victim’s head at his own will”; (ii) the appearance of the victim was confirmed according to the video of the scene pictures of this case (Evidence 23 pages); (iii) the Defendant made a statement to the police officer dispatched to the scene to the effect that he was aware of the crime of this case (Evidence 26 pages of the evidence record); and (iv) the Defendant made a statement to the effect that he was aware of the victim’s head at the scene to recognize the crime of this case (Evidence 27 pages of the evidence record); and (v) the fact that the victim was the victim’s head at one time and caused the victim by using two sub-faces for treatment days at the time of the crime of this case; and (v) the circumstance and method of the crime of this case, the victim’s injury at the time of the crime of this case; and the Defendant’s act cannot be seen as a simple defense.

Therefore, the defendant's above assertion is without merit.

B. The assertion of unfair sentencing.

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