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(영문) 서울북부지방법원 2013.08.21 2013노634
폭력행위등처벌에관한법률위반(공동상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There is no fact that the chest of the victim of mistake of mistake was involved or that he was supposed.

B. The defendant's act constitutes self-defense or legitimate act because the victim of the misapprehension of the legal principle took photographs of the defendant on a mobile phone without the defendant's permission and the defendant committed the crime in response thereto.

C. The sentence imposed by the court below on the grounds of unfair sentencing (the fine of KRW 1,00,000) is too unreasonable.

2. Determination

A. In full view of the evidence duly admitted and examined by the court below as to the assertion of mistake of facts and the following circumstances recognized by the court below, i.e., ① the victim of the crime of this case, from the investigative agency to the court below to the court below, the defendant consistently stated that the defendant was satisfing his chest and was satisfing him, ② the defendant also stated by the police that he was satfing the victim at the time of this case, ③ the police officer sent to the scene upon receiving the victim's report and stated that he was satfing the victim's statement, ③ the defendant was arrested the defendant as an flagrant offender after hearing the victim's statement, ④ the victim was diagnosed with injury such as satfing of the bones, satum, tension, etc. from the doctor by visiting the hospital immediately after this case, the defendant can be recognized as having inflicted injury on the victim by satisfing the victim's chest

B. As alleged in the Defendant’s assertion of misapprehension of the legal doctrine, the victim taken the Defendant without the Defendant’s consent.

Even if the defendant's act does not constitute self-defense or legitimate act in light of the motive and circumstance in which the victim taken the defendant, and the background and degree of the defendant's injury, etc., the defendant's above assertion is without merit.

C. The defendant has a record of having been punished several times for the same kind of crime, and is the victim.

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