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(영문) 대전지방법원 2016.11.23 2016노1151
폭력행위등처벌에관한법률위반(공동상해)
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A and B1 of the misunderstanding of facts did not display the tools, such as fingers, to the victims, and the person who puts the above fingers, are victims D. Nevertheless, the lower court recognized that Defendant A inflicted an injury on the victims by means of display of fingers, etc., and thus, there was an error of misunderstanding of facts. 2) The lower court’s sentence of unfair sentencing (Defendant A: a fine of KRW 3 million, and a fine of KRW 4 million) is unreasonable.

B. Defendant C and D1) misunderstanding of facts and misunderstanding of legal principles did not occur when the victim’s entry was made. In addition, the injury requiring treatment for 49 days suffered by the victim B is not the act of Defendant D, but the injury was caused by the victim A’s bad finger. Furthermore, the Defendants’ act constitutes legitimate self-defense as a considerable act to defend the victims’ violence. Nevertheless, the lower court determined that Defendant C was the victim A, Defendant D was the victim’s injury, and the Defendants’ act was illegal. In so determining, the lower court erred by misapprehending of facts and misapprehending of legal principles, and thus, it was so unfair that the lower court’s punishment (a fine of one million won, and a fine of four million won: Defendant D) was too unreasonable.

2. Determination

A. As to the assertion of mistake of facts by Defendant A and B, the lower court: (a) deemed that Defendant A told that Defendant A was “absoning of death” at the time of the display of the finger; (b) Defendant B took a relatively consistent statement while Defendant B took the fingers into the floor by putting Defendant A at the end; and (c) Defendant C also reported escape to the police by putting Defendant A her fingers and her humbling and installing the hums; and (d) Defendant B reported escape to the police again.

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