(영문) 울산지방법원 2013.10.25 2013노444 | 리걸엔진

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(영문) 울산지방법원 2013.10.25 2013노444

상해

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,200,00.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had not inflicted any injury on the victims as stated in the facts charged, and the victims suffered injury in the course of the Defendant’s defense against the victims.

Although the defendant's act was passive resistance to avoid an unreasonable attack by the victims, it constitutes self-defense or legitimate act, the judgment of the court below which found the defendant guilty is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. In light of the various sentencing conditions in the instant case of unfair sentencing, the lower court’s sentence (2 million won of fine) against the Defendant is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and investigated by the court below as to the erroneous determination of facts: ① there is a little difference between the victims’ statements about the circumstances during which the victim was assaulted and the actual hospitalization period, and at least it appears that the defendant gets up the victim’s E bridge and damaged the victim’s body, and exceeded the victim’s body, such as the victim’s Eul’s shoulder, was pushed up, was pushed up, was pushed up, and the victim’s bridge was broken up, and the victim’s bridge was turned out, and the victim’s bridge was turned up to the court of the court below. ② The witness also made a consistent statement from the investigative agency to the court of the court of the court of the court; ② the defendant made a statement about the number of times during which the victim was assaulted by the victim E in the investigative agency and the court of the court of the court of the court of the case; ② the victim’s statement was made in excess of the victim’s Eth bridge, and the victim’s victim’s d was damaged, and the victim’s statement was made up to the victim.

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