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(영문) 서울남부지방법원 2013.05.24 2012노1865
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles by the Defendant did not pluck up or pluck up the victim’s hand, and there was no fact that the victim B strokes down, and there was no damage to the future.

Even if the loss of the victim was plucked or plucked, it is for the victim to defend the victim's stroke by preventing the defendant's stroke, so the illegality is dismissed as it constitutes self-defense.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. (1) Determination of misunderstanding of facts and misapprehension of legal principles as to the assertion of misunderstanding of facts, defense counsel duly adopted and examined by the court below, and withdrawal of consent from the court of first instance as to the written evidence B and the protocol of interrogation of the police suspect against B, which the defendant consented to. However, the declaration of consent to evidence can only be revoked or withdrawn before the examination of evidence is completed, and revocation or withdrawal is not recognized after the completion of the examination of evidence. Thus, as long as the court of original judgment duly adopted the evidence and completed the examination of evidence, it is invalid even if the consent is withdrawn, and the admissibility of evidence

Comprehensively taking account of the fact that the defendant, after the divorce, visited the residence of the victim, who was the former funeral due to the visitation right after the divorce, visited the victim, and talked about the visitation right, and the victim plucked against the victim's bucking, plucking up the victim's hand, thereby causing the victim's injury, such as plucking up one balance, etc., and then, it can be sufficiently recognized that the defendant damaged the victim's hand by a series of the two-years related to the stairs in this place. Thus, this part of the defendant'

She also committed the instant harmful act by the Defendant’s victim first and against it, and thus, the Defendant’s act of attack is a defense act, at the same time.

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