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(영문) 대전지방법원 2015.12.10 2015노1645
상해등
Text

Defendant

The appeal is dismissed.

Reasons

1. The lower court dismissed the prosecution against the Defendant regarding the insult of each of the facts charged against the Defendant, and convicted the Defendant as to the charge of each of the injury and interference with business. The only Defendant appealed as to the guilty portion of the lower judgment.

Therefore, since the court below's dismissal decision against the defendant is separated and confirmed as it is, the dismissal of public prosecution is excluded from the scope of this court's adjudication.

Ultimately, only the guilty portion of the judgment of the court below falls under the scope of this court's trial.

2. Summary of grounds for appeal;

A. The Defendant did not commit any harm by assaulting the victim E or F, or interfere with the work of the victims.

B. Although the Defendant had exercised the force against the victims, this constitutes self-defense, which was conducted in the process of setting up against the victims’ violence.

C. The court below’s sentence of unreasonable sentencing (the 1.5 million won of fine) is too unreasonable.

3. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts: ① The victims have consistently committed an assault against the victims as stated in the facts charged from the investigative agency to the court of the court below, and stated that they interfere with their work, and the description of the situation at the time is very specific, and thus, it cannot be seen that the victims did not have experienced any actual experience; ② The credibility of each statement is the credibility of each statement; ② The injury part of each injury in each injury diagnosis document against the victims is the part of the loss or the finger (Evidence No. 8, 22 pages of the evidence record); ② the Defendant used balths with the victims while balth with the victims, or the victims suffered the injury in the part of the loss or the finger. ③ The Defendant also was the police police.

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