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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 부산지방법원 2014.08.14 2014노1739
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant;

A. The Defendant alleged a misunderstanding of facts was a disabled person who has no knee in the knee of a bridge, and did not have an assault to injure the victim.

B. Even if the Defendant alleged misunderstanding of legal principles injured the victim, the victim tried to check out the Defendant who tried to post a judgment for the purpose of public interest, and thereby, the Defendant was also injured, and the Defendant attempted to resist during this process, which should be deemed as acts that do not go against the social rules.

C. Even if the Defendant’s conviction on the assertion of unfair sentencing is acknowledged, the lower court’s punishment (one million won of fine) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, especially the victim D’s legal statement at the lower court, CCTV images that recorded the surface of the case, and the injury diagnosis report, etc., the Defendant may fully recognize the fact that the Defendant inflicted an injury on the victim by assaulting the victim as stated in the instant facts charged.

Therefore, the defendant's assertion of mistake is without merit.

B. In light of the following circumstances acknowledged by the lower court’s duly adopted and examined evidence, namely, the judgment that the Defendant intended to post was the final and conclusive judgment prior to the final and conclusive judgment, and the Defendant attempted to post it on the apartment elevator without undergoing due process, and thus, the victim, who is the head of the apartment management office, is deemed to have a reasonable ground to restrain the victim from doing so, and ② the victim’s expulsion was inflicted upon the victim by assaulting the victim beyond the extent of defense simply, it is difficult to view the Defendant’s act as a justifiable act that does not go against social norms.

Therefore, the defendant's assertion of legal principles is without merit.

C. On the assertion of unfair sentencing

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