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(영문) 서울서부지방법원 2015.05.14 2014노1743
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The misapprehension of the legal principle stated that the defendant puts the victim E's head, but this was an inevitable act to defend the victim by plucking, plucking and plucking the victim's hand, which was the victim's hand.

Therefore, although the defendant's act constitutes self-defense, the judgment of the court below which found the defendant guilty is erroneous in the misapprehension of legal principles.

B. In addition to the defendant's head collection of the victim, there is no misunderstanding of facts in the judgment of the court below which found the defendant guilty of the facts charged, even though the defendant did not have the victim's chest and head or walked with his hair, and he did not inflict any injury such as 4 meters by attaching head debt.

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

2. Determination

A. According to the evidence duly admitted and examined by the court below, such as witness E, F, and G’s written statement of the court below and police statement of E, etc., as to the assertion of misapprehension of the legal principles, the defendant is acknowledged to have damaged the victim’s head by actively attacking the victim’s head, and thus, it cannot be deemed as self-defense to defend unfair infringement of his/her legal interests.

Therefore, the defendant's assertion of legal principles is without merit.

B. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the Defendant may sufficiently recognize the fact that the Defendant inflicted an injury on the victim as stated in the lower judgment, so the Defendant’s assertion of mistake of facts is without merit

1. The victim, from the investigative agency to the court of the court of the court below, 'the victim, from the cafeteria to the cafeteria where the victim is the victim, gets off the cafeteria at the entrance of the stairs.

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