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(영문) 춘천지방법원 2016.02.17 2015노851
특수상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. Summary of grounds for appeal;

(a) The victim who gets the victim's head from the victim's head due to a favorable defendant's mistake of the fact ;

In addition, the defendant's act is an act to defend the victim's unfair infringement, since the defendant maintained fears that are threatened with excessive threat to the victim and when the victim was committed.

B. The sentence of the lower court’s unfair sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal by the defendant's authority, the prosecutor applied for changes in the indictment to "special injury" under Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act" under "Article 258-2 (1) and Article 257 (1) of the Criminal Act," and "Article 258-2 (1) of the Criminal Act and Article 257 (1) of the Criminal Act," and the judgment of the court below is no longer maintained since the court permitted changes in the indictment.

However, the defendant's assertion of mistake is still subject to the judgment of this court, despite the above reasons for reversal of authority.

B. The Defendant also asserted the same purport in the lower court’s judgment as to the Defendant’s assertion of mistake of facts, and the lower court rejected the Defendant’s assertion after having explained the specific circumstances, etc. of the instant case in the part on “Judgment on Defendant B and his defense counsel’s assertion.

Examining the above facts and judgment of the court below after comparing them with records, the court below's judgment that found the defendant guilty of the facts charged in this case is just and acceptable, and there is an error of law by misunderstanding the facts affecting the judgment.

Therefore, the defendant's above assertion is without merit.

3. The judgment of the court below is correct.

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