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(영문) 울산지방법원 2018.05.04 2018노116
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court erred by misapprehending the legal doctrine or misunderstanding the facts, which found the Defendant guilty on the ground that the Defendant was merely a unilateral assault from the victim, and did not assault the victim, even if the Defendant exercised the force of force against the victim, this constitutes an act aimed at passive protection from an unjust attack and constitutes a legitimate defense, and thus, constitutes a mistake of facts or misapprehension of the legal doctrine.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 500,000) is too unreasonable.

2. Determination

A. 1) The lower court found the Defendant to have inflicted bodily injury on the victim as stated in the facts charged, based on the victim’s legal statement, etc., and rejected the Defendant’s and the defense counsel’s legitimate defense and convicted the Defendant of the facts charged.

2) We examine the following circumstances, which can be recognized by the evidence duly adopted and investigated by the court below. In other words, the victim of a crime which is a victim of a crime may have a stake from the police investigation stage to the court of the court below to the court of the court below. The victim, who was operating a coffee specialty in the same business as the defendant and the defendant, voluntarily throw away the room of the defendant who attempted to see electricity around December 12:30, 201, and the defendant, who had a stake.

Does there are reasonable rights, why why they are dissatis

There was a vagabonds in a narrow space, such as “the victim was pushed the victim while pushing the victim, and the victim was trying to keep the defendant and again turn the fire.”

In the process, the defendant made a statement on the metal poppy in which the victim intends to turn on a fire again, and the victim knee kne kne kne kne kne kne kne kne kne kne kne kne kne in the room, and a relatively consistent and concrete statement that is not known without direct experience

In the Republic of Korea, the victims of this case are the victims of this case.

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