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(영문) 전주지방법원 2016.04.29 2015노1438
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles is unilaterally against the victim, and there was no injury to the victim as stated in the facts charged, and even if so, it is not so.

Even if the defendant's act constitutes a legitimate defense or legitimate act, and thus, the illegality should be avoided, the court below erred in finding the guilty of the facts charged due to mistake of facts or misunderstanding of legal principles.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. The Defendant alleged the same purport in the lower court’s determination as to a mistake of facts or misapprehension of the legal doctrine, and the lower court rejected the above assertion in detail by stating in the column “(1-2-b) of the judgment on the issue”. In light of the records, the lower court’s determination is just and acceptable, and there is an error of misunderstanding of facts or misapprehension of the legal doctrine as alleged by the Defendant.

As such, the Defendant’s mistake of facts or misapprehension of the legal doctrine is without merit.

B. The fact that the Defendant did not have any history of punishment for the same crime, and that the Defendant appears to have inflicted the instant injury on his body with a victim during a contingency, is favorable to the Defendant, such as the fact that the Defendant had no history of punishment for the same crime.

On the other hand, the crime of this case is a circumstance unfavorable to the defendant, such as the fact that the defendant inflicted an injury on the victim during the dispute with the victim on the transfer of KRW 5 million of company funds by the defendant, which requires four weeks of medical treatment, and that the crime of this case is not less complicated, and that it does not reach an agreement with the victim up to the trial, but does not take any measures for recovery of damage for the victim.

The above circumstances and other circumstances, the background of the instant crime, the age of the Defendant, the criminal conduct, the environment, etc.

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