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(영문) 광주지방법원 2015.05.28 2014노2603
상해
Text

The judgment below

The part against the defendant shall be reversed.

The sentence against the accused shall be determined by a fine of KRW 1,00,000.

Reasons

Summary of Grounds for Appeal

A. In the process of harming the defendant's misunderstanding of facts, only the victim under the influence of alcohol was married, and the defendant did not assault the victim, and there is no causation between the defendant's act and the injury of the victim.

B. The Defendant’s act against the victim of legal principles constitutes self-defense or legitimate act.

C. The lower court’s sentence of unreasonable sentencing (fine 2.5 million won) is too unreasonable.

Judgment

A. In light of the following circumstances revealed through the evidence duly adopted and examined by the court below, it can be recognized that the defendant suffered injury by exceeding A as stated in the facts constituting the crime in the judgment below, so the defendant's assertion of mistake of facts is without merit.

1) According to the CCTV image outside the F main point, immediately after the victim gets the face from the victim, the victim again gets the victim to the left part of the victim's body, and the victim's knife kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's k's k

3. Although the fact that the victim was under the influence of alcohol and the victim's head is in contact with the ground is recognized, so long as the defendant is found to have faced with the face of the arms and the victim, the causal relationship between the defendant's act and the victim's injury is not denied.

B. The lower court erred by misapprehending the legal doctrine.

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