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(영문) 서울중앙지방법원 2020.11.13 2020노1477
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles have been punished with the victim due to the statement of the victim's age, and the victim again went out of the restaurant, and the victim re-entered the victim's clock, and made the defendant's standing outside of the floor, and made it difficult to conceal the defendant's standing by separating the part of the defendant's entry into the room into the port by left hand.

In an urgent situation, the Defendant only carried the part between the victim’s left hand and the autopsy, which was the part of the Defendant’s entrance, to live into the Defendant’s entrance.

Although there are some circumstances, the court below rejected the testimony of F in line with the defendant's defense and found the defendant guilty on the basis of only the statement of the victim with no credibility. The court below erred by misapprehending the legal principles on self-defense.

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. As to the assertion of mistake of facts and misapprehension of legal principles, this case was revealed that the victim told the defendant who has a higher age than himself/herself as "her," but the victim was in peace as such, and the victim seems to not have any specific horse until before the transfer of this case. The victim stated that he/she was able to see whether the defendant was satise and satise his/her satise in his/her breath, and that he/she did not want to satise the defendant, but he/she did not want to satise his/her satise the defendant, although the victim was more advanced than the defendant. According to CCTV video, it is difficult to view that there was a significant difference in physical conditions. According to CCTV images, the victim and the victim were fighting with his/her body while leaving his/her body with his/her wind door, and the victim went back to the back, and immediately after satisfing the victim's hand.

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