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(영문) 서울동부지방법원 2020.05.07 2019노1819
특수상해
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for six months.

, however, the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s imprisonment (six months of imprisonment) is too unreasonable.

B. Defendant B, by hand, did not inflict an injury on A while kneeing a knee, kneeing a knee and walking a left knee.

Even if A's wife was due to the defendant's act, it constitutes self-defense as a result of the passive resistance in order to escape from A's unfair infringement.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged is erroneous by misapprehending the legal principles on self-defense.

2. Determination

A. The instant crime against Defendant A’s assertion of unfair sentencing is deemed to have inflicted an injury on the part of the victim B’s head by using the slid, which is a dangerous article, and the nature of the crime is very poor and the risk of the crime is high.

However, in full view of the fact that the defendant recognized the crime of this case, and agreed with the victim B in the trial, the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, etc., as well as all kinds of sentencing grounds, such as the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, the court below's punishment is unreasonable, and therefore,

B. Defendant B’s assertion of misunderstanding of facts and misapprehension of legal principles is 1) The victim made a consistent statement in the investigative agency and the court below that the Defendant was faced with the lusium in the lusium by cutting fat and pushing ahead with the lusium before the head of the Defendant was taken. Considering that the victim’s damaged body photograph, diagnosis document, written confirmation, etc. correspond to this, the victim’s statement is credibility. (2) The Defendant alleged that the victim was injured by the victim during the process of passive defense against the present unjust infringement, but in particular, the part on the part of the damaged body photograph of the victim, which is left side of the victim’s body.

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