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(영문) 대전지방법원 2016.08.11 2016노322
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In a misunderstanding of the facts and legal principles, the injured party suffered injury by mistake and misunderstanding the shape of the Defendant’s breath and spathing, and the Defendant did not assault the injured party as stated in the facts charged in the instant case, and even if the Defendant and the injured party suffered injury in the course of fighting their body, the injured party suffered injury.

Even if this constitutes a legitimate defense, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous by misunderstanding facts and misunderstanding of legal principles that affected the conclusion of the judgment.

B. The lower court’s sentence (an amount of KRW 4 million) against an unfair defendant in sentencing is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. The following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the trial court as to whether the Defendant assaulted the victim at the time of the instant case (i.e., the victim was out of the game in the investigative agency and the court of first instance as to the situation at the time of the instant case (i.e., “four persons, including himself and the Defendant, including himself and the Defendant, were engaged in the game, and the victim was out of the game. The Defendant was faced with the Defendant’s own shoulder and the Defendant’s right kne, kne, kne, kne, kne, kne, kne, kne, kne, kne, kne, kne, kne, kne, of the Defendant’s body and the Defendant’s side kne, kne, kne, kne, kne, kne, kne, kne, kne, kne).

(b).

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