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(영문) 춘천지방법원 2018.08.10 2017노1009
상해
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of three million won.

except that this shall not apply.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s punishment (ten months of imprisonment, one year of suspended execution, and one hundred and sixty hours of community service order) is too unreasonable.

B. Defendant B (1) In fact, the instant fighting match did not proceed on an equal basis, but all of the resumptions after the commencement and suspension of fightings by Defendant A.

Defendant

B merely suffered damage by unilaterally assaulted, and as such, the defendant inflicted an injury on A as one of the perpetrator.

In this case, the court below erred by mistake of facts.

2) Legal principles are that injury inflicted by Defendant B to Defendant A was incurred in the course of setting up against A’s assault. Thus, illegality is dismissed as it constitutes legitimate defense.

3) The sentence of the lower court (one year of imprisonment with prison labor for four months and one year of suspended execution) is too unreasonable.

2. Determination

A. Defendant B’s assertion of misunderstanding of the facts and misapprehension of the legal principles as to Defendant B’s assertion of misunderstanding of the facts

The argument is asserted.

However, the following circumstances acknowledged by the evidence duly adopted and investigated in the lower court and the party trial, i.e., ① there appears to have been conflicts between B and B, such as having publicly negative words against B prior to the instant fighting, etc. ② A, prior to the instant fighting, intended to install a flick for catching wild boars on the forest flick site in the East East and East East-do, and the passage of B, as described in paragraph (1).

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