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(영문) 울산지방법원 2013.10.18 2013노494
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles against the defendant, who was the victim D, had a gravel, shouldered the lock and salked the defendant's snow and salke, and let the victim salked down on the ground. The victim was salkeed, and the victim did not have an intention to inflict an injury on the victim. Even if the victim's intention was acknowledged, it constitutes self-defense or excessive self-defense to escape from an unfair assault, the court below found the defendant guilty of the facts charged of this case on the premise that it does not constitute the victim's own self-defense or excessive self-defense. It erred by misunderstanding of facts or by misunderstanding of legal principles, which affected the conclusion of the judgment.

B. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. misunderstanding of facts and misapprehension of legal principles also argued as the grounds for appeal in this part, and the court below explained in detail the argument and judgment in the "Decision on the Defendant's argument" (2012Dadan1845) of the judgment. The court below and the court below consistently stated that ① the victim was locked from the investigative agency to the court of the court of the court below, but he was able to see that "the victim was locked, but he was locked," and the victim was able to see that "the victim was able to saluted, and had been saluted due to saluted," and ② the victim called F at the time of the instant case to "the victim was saluted by the Defendant's response to the Defendant's death", ③ the victim's telephone statement to F, and the victim's phone statement to F reached the scene at the time of the instant case's arrival, and the victim was saluted.

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