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(영문) 대전지방법원 2014.12.03 2014노1938
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below found the defendant guilty of the crime of injury of this case against the victim E even though the defendant was not faced with the wall due to the misunderstanding of facts by the victim E. The court below erred in the misapprehension of facts.

B. The misapprehension of the legal principle that the Defendant inflicted an injury on the victim E is dismissed as it constitutes legitimate self-defense or legitimate act.

C. The sentence imposed by the lower court on the Defendant (three million won of a fine) is too unreasonable.

2. Determination:

A. In full view of the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, and the defendant's prosecutor's statement to the effect that "the defendant was pushed back in the process of putting bale with bale, and the bale was cut off on the ground while she was faced with the bale with the bale." The defendant's prosecutor's statement, etc. that "I exchanged gale with gale with gale and gale with gale in the process of galeing the bale," which is "in the process of galeing the gale in a narrow space, E was faced with the wall," such as the defendant's prosecutor's statement, etc. that "in the process of galeing the victim E above the floor and galeing it with each other, it can be recognized that the defendant inflicted an injury on the left bale frame in such a series of processes.

Therefore, the defendant's assertion of mistake is rejected.

B. The lower court rejected the aforementioned assertion on the misapprehension of the legal doctrine on the ground that the Defendant alleged the same assertion as the grounds for appeal in this part of the lower judgment, based on the circumstances indicated in its reasoning.

The defendant and the victim E prices the other party by mutual drinking while doing a dispute, and the defendant actively asserted against the victim E by putting, pushing, spabling, or destroying.

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