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(영문) 서울중앙지방법원 2015.03.12 2014노5189
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the first instance court’s assertion of mistake of facts or misapprehension of legal principles, injury to Co-defendant B was incurred in the process that the Defendant defends himself and prevents him from escape until he arrives at the site, and thus, even though the Defendant’s act constitutes self-defense or legitimate act that does not go against social rules, the lower court convicted the Defendant by misapprehending the legal doctrine, or by misapprehending the legal doctrine.

B. The lower court’s imprisonment (two years of imprisonment) against the Defendant claiming unreasonable sentencing is too unreasonable.

2. Determination

A. We examine the argument of mistake of facts or misapprehension of legal principles, the evidence duly examined and adopted by the court below. In particular, considering the legal statement of AA witness of the court of first instance, the police officer, who was dispatched to the scene at the time, and the legal statement of AB of AB of the witness of the court of first instance, the defendant and B, and the degree of injury on the defendant and B as stated in the injury diagnosis report on the defendant and B, the fighting match between the defendant and B at the time was the first time, and it can be recognized that the fighting between the defendant and B was the situation in which the defendant was used of violence, not unilaterally assaulting the defendant, since it is difficult to see that the defendant's act of taking falp and cutting down the falp, which was a police officer of the court of first instance who was dispatched to the scene at the time, constituted a legitimate act that did not violate the social rules.

Therefore, the defendant's above mistake of facts or misapprehension of legal principles is without merit.

B. We examine the assertion of unfair sentencing, the circumstances and degree of damage to each of the instant crimes, and the Defendant had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had

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