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(영문) 대구지방법원 2017.11.24 2017노4120
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s act by misunderstanding the legal doctrine constitutes legitimate defense, which is aimed at defending the victimized person’s assault, and even if so, the act of defense exceeded the degree of such act.

Even if it comes to excessive defense, it should not be punished in accordance with Article 21 (3) of the Criminal Code.

B. The punishment sentenced by the lower court (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. As to the assertion of misapprehension of the legal doctrine, the Defendant argued to the same effect as the grounds for appeal in this part of the judgment below, and the court below rejected the above assertion by giving a detailed statement of the judgment on the conduct from No. 3 to No. 18 of the judgment, and found the Defendant guilty of the facts charged in this case.

In light of the records of this case, a thorough examination of the evidence duly adopted and examined by the court below in light of the records of this case, the court below's finding the defendant guilty of the facts charged of this case for the reasons stated in its holding is just and acceptable, and there is an error of law that affected the conclusion of the judgment by misunderstanding

shall not be required to do so.

This part of the defendant's assertion is without merit.

B. It is recognized that a person who suffered from a judgment on an unfair argument of sentencing assaults the defendant first, there is no record of punishment exceeding the fine of the defendant, and that the victim did not agree with the victim but did not want the defendant's punishment. However, the degree of injury inflicted on the victim is not easy. The degree of violence inflicted by the defendant is considerably more serious than the degree of violence inflicted on the victim, the defendant attempted to use violence continuously (the crime was terminated by the restraint of the neighboring people) by driving away the victim, and the above punishment records by the defendant are caused by violent crimes, and all other conditions of sentencing indicated in the records and changes theory of this case, such as the defendant's age, sex, environment, family relationship, and circumstances after the crime.

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