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(영문) 광주지방법원 2014.11.05 2014노732
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since a misunderstanding of facts or misunderstanding of legal principles, the defendant, who first left the stone with a stone, was flobbial of the victim, the defendant's act constitutes self-defense or legitimate act.

Even if the Defendant first saw the breath of the victim, the victim tried to commit an act of self-defense or legitimate act in order to protect the victim’s unlawful attack, since the victim saw the victim more than 8 murder or spawn, and saw the Defendant’s breath, etc., and tried to commit an act of assault, such as taking the breath of the victim’s breath to protect himself.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 300,000) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court’s judgment as to the assertion of mistake of facts and misapprehension of the legal doctrine are: (a) the Defendant and the victim met with the victim more than eight persons; (b) the Defendant and the victim liveded with the victim as a matter of loading the salt awarded by the victim; (c) the victim expressed the desire to the Defendant; and (d) the victim took part in the instant fighting between the Defendant and the victim immediately after the call was finished; and (c) the victim stated consistently from the investigative agency to the court of the lower court on the part that “the Defendant had her flick and her flicked on the floor.” At the time of the instant case, D, a witness who can be deemed to be in an objective position as the third party at the time of the instant case, was the victim at the court of the lower court, but he did not want to have had a son’s flick with the son, but only attempted to have a son and the victim merely attempted to have a son.

However, as the defendant gets the victim, flaps together with each other, and flapsed with the victim, and the defendant is on the floor.

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