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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2015.10.15 2015노4212
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In order to remove the damage of the victim C, the Defendant, by mistake of facts or misapprehension of legal principles, only left the victim’s hand, and did not do so so so so so so, as stated in the facts charged in the instant case, and did not have any intention to inflict injury on the victim. Even if the victim suffered injury due to the Defendant’s domestic act, this constitutes self-defense to oppose the Defendant’s assault, and thus, its illegality is dismissed.

B. The lower court’s sentence of unreasonable sentencing (five months of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the court below as to the assertion of mistake of facts or misapprehension of legal principles, the defendant can be sufficiently recognized the fact that the defendant inflicted a pulverization of the part of the body part of the victim C, so long as so far as stated in the judgment of the court below, and even if the defendant committed the above act in order to remove the victim's losses, it is reasonable to evaluate the defendant's and the victim's losses as an affirmative attack rather than merely an act to escape from violence of the victim, in light of the difference in the gender and body, etc. of the victim and the degree of the injury of this case, it is reasonable to evaluate the defendant's act as a self-defense. Thus, it cannot be viewed as a self-defense.

Therefore, this part of the defendant's argument is without merit.

B. This case’s decision on the assertion of unfair sentencing is a case where the defendant applied for the money lent to himself and herself and applied the pulverization of the body part of the victim’s arms with fulbbbage, and the defendant gave birth to the defendant’s crime of this case, and the victim has suffered considerable serious injury. Nevertheless, the defendant did not make any effort to recover the victim’s damage up to the trial. The victim up to the trial.

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