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(영문) 울산지방법원 2021.01.15 2020노1118
상해등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Reasons for appeal

A. misunderstanding of facts and misapprehension of the legal principles did not commit violence against the victims, and even if there was a physical contact with the victims, it was merely a passive resistance against the victims' assault, and thus, the illegality cannot be avoided as a justifiable act or a justifiable act. Thus, the court below erred by misunderstanding of facts and misunderstanding of legal principles.

B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 700,000) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and investigated by the first instance court as to the assertion of misunderstanding of facts and the legal doctrine, the lower court’s determination that the Defendant committed an assault against the victims is just and acceptable, and there was an error of misapprehending the legal doctrine or misapprehending the legal doctrine, since it is recognized that the Defendant committed an assault against the victims.

subsection (b) of this section.

Therefore, this part of the defendant's argument is without merit.

1) The victims consistently committed violence from the investigative agency to the court of the court below by the Defendant, who was salping and shakeing the victims’ brans, and having the victims’ arms faced with the wall.

Statement, which was at the present site, was made

The contents of the G’s statement in the trial court and the diagnosis of injury to the victim B are consistent with the contents of the victim B.

(ii) was on the site at that time;

H stated in the court of the trial that there was no physical contact between the Defendant and the victim F, and that the victim B committed an assault, such as the victim B was flicking the Defendant’s neck, and was sealed with the wall, and the Defendant resisted to escape from the victim B’s assault. G stated to the effect that there was no fighting between the Defendant and the victims.

However, the following circumstances, namely, the court below's decision on victim F.

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