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(영문) 대전지방법원 2020.05.13 2019노2004
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The misapprehension of the legal principle when the defendant saw the part of the victim's hand fumumum with an Aluminum fumumumumum is an act of defense to prevent the victim from citing or leaving the part of the victim's hand fumin, and constitutes self-defense or legitimate act. However, the judgment below which found the defendant guilty of the facts charged of this case on different premise is erroneous by misapprehending the legal principles as to legitimate act or self-defense, which affected

B. Considering that the age of 80 years old from the date of unfair sentencing and that the defendant in a situation that is economically difficult as a recipient of basic livelihood benefits asks the victim not to commit such a crime again, the lower court’s punishment (2 million won of fine) is too unreasonable.

2. Judgment on the misapprehension of legal principles

A. The Defendant asserted the same purport as the grounds for appeal in the lower court. However, the lower court cited Aluminium finium for the Defendant who finiteed the victim who finiteed and resisted the crops he finite, and she kneeened up to the victim’s knee height by gathering a color-prof in the side floor of his own will and kneeing up to the victim’s kneeen height. The Defendant himself saw Aluminum finum finum finium, and the Defendant himself stated that the victim was finited with the victim, and the victim was finited with alinium finium finite. In this case, even if the victim commenced, the Defendant finite finite find the victim, even if she was find with the wall.

Even if alinium was used as a self-defense or a legitimate act, the judgment of the court below is just if it is examined closely in light of the relevant legal principles and records.

(b) therefore.

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