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(영문) 대구지방법원 2015.12.24 2015노69
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal and other defense counsel of the defendant asserts that even if the defendant's intention of injury is recognized, it would be justified as self-defense. However, such argument cannot be a legitimate ground for appeal as it was raised after the lapse of the period for filing the appeal, and even if ex officio examination is conducted, it does not seem that the defendant's act is a defense act with social reasonableness in light of the part and degree of injury suffered by the victim.

A. In the process of misunderstanding the fact that the defendant tried to capture the knife cited by A, and there is no fact that the defendant has inflicted an injury on the victim with the intention of the injury, and the defendant has inflicted an injury on the knife.

B. The sentence imposed by the lower court (two years of suspended execution in one year and six months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances, which can be acknowledged by the court below and the court below's judgment on the assertion of mistake of facts duly adopted and investigated by evidence, namely, ① the defendant seems to have been sufficiently motiveed for the victim to be injured because of the victim's face, etc. in the course of the victim's rash dispute with the victim who was in doubt of external appearance, ② the victim seems to have suffered bodily injury, etc. ② the middle part of the left hand and the upper part of the chest was deep, and the victim suffered bodily injury in the upper part of the upper part of the upper part of the upper part of the left hand, and the right buckbucks of the right buckbucks, cannot be viewed as the upper part suffered in the course of the dispute, and rather, it appears that the victim might have suffered from active attack, ③ the victim seems to have made a statement favorable to himself/herself, but it is not sufficient to dismiss the credibility of the statement about the injury of this case.

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