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(영문) 대전지방법원 2018.01.17 2017노2290
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles, the victim D, first of all, assaults and inserts the defendant, and the victim E in combination with it, with the victim E, and the defendant inevitably laid a drinking to the victims or laid a stone with a stone to defend himself. Thus, the above act by the defendant's person constitutes legitimate defense.

B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.

2. Determination

A. The following facts and circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of misunderstanding of facts and legal doctrine, namely, ① the victim D was killed by assaulting the victim E who was fluored with a stone with a stone with the left eye in a dry field, and was fluored with a stone with a stud in a dry field.

In this situation, the defendant made a statement to the effect that he first committed an assault (Evidence No. 37 through 39 of the evidence record), the background and process of the above assault as mentioned above, ② the injury was inflicted in the course of dispute over the written diagnosis submitted by the defendant (33 pages of the evidence record), and the injury suffered by the defendant seems to be relatively minor, while the injury suffered by the victim seems to be relatively minor, on the other hand, it seems that the injury suffered by the defendant was caught by the victim, and it was considerably significant in the hole, and it was considerably significant in the hole.

In light of the degree of injury suffered by the Defendant and the victims, and the fact that it is difficult to view the Defendant’s assaulted by the means of protruding the arms of the victims as an act socially reasonable.

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