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(영문) 서울북부지방법원 2013.07.10 2012노1677
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below erred by misunderstanding facts and misunderstanding legal principles that found the defendant guilty on the ground that the defendant refused the victim's request that he was aware of the misunderstanding of facts and the misunderstanding of legal principles that the victim caused the victim to be imprisoned to prevent the defendant by bullying, such as putting the defendant's hand and taking the defendant's hand, but did not cause any injury as stated in the facts charged by harming the victim. Although the defendant's act constitutes self-defense, the court below

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 300,000 won) is too unreasonable.

2. Determination

A. We examine the judgment on the assertion of mistake of facts and misapprehension of legal principles, the evidence duly examined and adopted by the court below, the testimony of witness E of the party witness and the following circumstances acknowledged by the court below. In other words, the defendant stated at an investigative agency that "the defendant was detained by the victim due to his hands, and the victim's head was unable to be seen as avoiding the victim's head, but the victim was making a report to 119", and the defendant's testimony was made at the third trial of the court below. The defendant's testimony cannot be found to have been false; ② the victim stated at the court of the court of the court below that "the defendant was sent to the hospital after being sealed by the defendant," ② the victim stated at the court of the court of the court below that "the defendant was arrested as a flagrant offender based on the witness's statement at the scene of the crime of this case; ③ The defendant's testimony at the court of Do, the police officer, who was dispatched to the scene of this case after receiving 112, could sufficiently be recognized as the witness's memory of the defendant.

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