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(영문) 광주지방법원 2013.10.30 2013노1078
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendant had not inflicted any injury upon the victim when drinking as stated in the facts charged, the lower court convicted the Defendant, which erred by misapprehending the facts.

B. The Defendant’s act of self-defense or legitimate act was an act of violence from the victim, and was only sealed once to avoid such an act, and such act constitutes a justifiable act that does not contravene self-defense or social norms.

C. The lower court’s sentence of unreasonable sentencing (one year of suspended sentence for six months of imprisonment) is too unreasonable.

2. Determination

A. The victim of the assertion of mistake of facts recognizes the credibility of the victim's act of assault and damage since the victim made a specific and consistent statement from the investigative agency to the court of the court of the court below, and in view of the state of damage inflicted on the victim's face pictures immediately after the instant case, the facts charged in the instant case where the defendant inflicted bodily injury upon the victim by drinking, such as the victim's statement, can be sufficiently recognized. Accordingly, this part of the defendant and the defense counsel

B. The Defendant’s act of this case as to self-defense or the assertion of legitimate act constitutes an affirmative act of attack beyond the scope recognized by social norms in light of the circumstance or situation at the time of the act, degree of injury to the victim, etc., and thus, cannot be deemed as constituting self-defense or legitimate act. Thus, this part of the Defendant and the defense counsel’s allegation is without merit.

C. The instant crime of determining unreasonable sentencing is advantageous to the fact that the Defendant committed an assault from the victim and there are circumstances to consider the circumstances that the Defendant committed in the process of setting up against the victim, and that the Defendant has no record of criminal punishment for the same kind of crime.

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