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(영문) 광주지방법원 2017.11.22 2017노3099
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. On August 9, 2016, the Defendant: (a) was aware of the fact that the victim C made a fake bath to himself/herself; and (b) was able to remove the reporter C from him/her in order to remove him/her; and (c) on the 10th of the same month, the victim D, who is the child of the above C, set the horse through himself/herself, was remarkably twice the above D’s son’s scam at the level of scam.

However, as stated in the facts of the crime Nos. 1 and 2 in the judgment below, the Defendant did not inflict any injury on the victim C and D (hereinafter “first assertion”) and can be seen as an act of injury on the defendant’s family affairs.

Even if the above act of Defendant 1 constitutes a legitimate defense or legitimate act, and thus, illegality is dismissed (hereinafter “second assertion”). Nevertheless, the lower court convicted all of the facts charged in this case. In so doing, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court, including the following: (1) the argument of misunderstanding of facts No. 1, the victim C, and D’s statements at each of the lower court’s trials; and (2) the Defendant: (a) on August 9, 2016, on the ground that: (b) on the part of the victim C’s shoulder field located adjacent to the Defendant’s home located adjacent to the Defendant’s house located adjacent to Bosung-gun, Bosung-gun around 07:10 on August 9, 2016, the Defendant went back to 2 miles, which the Defendant kid from the Defendant’s house located adjacent to the Defendant’s house located adjacent to Bosung-gun, and (c) on the ground that

Doz. Doz.

"Does the person who was born or had been born" is not known to the victim.

The phrase "I amburged," "I amburged, "I amburged," and amburged, when I amburged the above victim, and then amburged with both hand, and amburged with the above victim's quantity."

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