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(영문) 부산지방법원 2015.04.03 2015노241
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles do not have any fact when the victim was committed, and the defendant unilaterally committed an act of resistance in the course of defending the victim, and such act constitutes self-defense.

B. The judgment of the court below on unreasonable sentencing (the fine of 500,000 won) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts and misapprehension of legal principles, the defendant can be found to have committed an assault against the victim at the time and place specified in the facts charged of this case, and thereby spawning the victim’s breath and spathing the victim, and such act constitutes an act of attacking the victim more actively than getting out of the victim’s attack.

Therefore, it cannot be said that it constitutes self-defense against illegal infringement by the other party.

The judgment of the court below is just, and the defendant's above assertion is without merit.

B. The judgment of the court below on the assertion of unfair sentencing is reasonable, since it is recognized that the defendant was assaulted first by the victim, but the defendant has the record of punishment for the same kind of crime, denies and does not reflect the crime of this case, and considering all matters concerning the sentencing specified in the defendant's age, occupation, other records and arguments, the above argument by the defendant is without merit.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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