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(영문) 광주지방법원 2015.04.01 2014노1325
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The part where the victim E suffered an injury due to a mistake of facts and misapprehension of legal principles as stated in the judgment of the court below concerning the crime No. 2 of the crime committed by the victim E is voluntarily different in the process that the victim E forced the defendant to take a knife from the defendant, and

Even if such facts are recognized, all of the facts stated in the judgment of the court below are illegal as it constitutes self-defense or legitimate act to oppose victim E's assault.

B. The lower court’s sentence of unreasonable sentencing (one year of suspended execution for two years of imprisonment, three years of probation, and three hundred hours of community service order) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, the victim E and G have made a relatively consistent and concrete statement that the victim suffered the same damage as the crime in the judgment, witness D's statement, diagnosis certificate for the victim E (as of the investigation record No. 31, 32 pages), and victim photograph (as of the investigation record No. 33 pages) are consistent with the victim's statement, it shall be sufficiently recognized that the defendant inflicted an injury on E as of the facts constituting the crime in the judgment of the court below and made intimidation to the victim G as of the facts constituting the crime in the judgment of the court below. Thus, the above assertion by the defendant and the defense counsel is without merit.

B. According to the evidence duly adopted and examined by the court below as to whether the defendant constitutes self-defense or a legitimate act, it can be recognized that the defendant committed an attack first against the victim E, and the facts constituting the crime in the judgment of the court below have occurred in the process of defending and avoiding the victim E, and in the process, the victim E suffered some fightings against the defendant.

Even if there are such circumstances, it is difficult to recognize that the defendant's act constitutes self-defense or legitimate act, and it is also difficult to recognize it differently.

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