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(영문) 대구고등법원 2019.06.13 2019노56
특정범죄가중처벌등에관한법률위반(보복폭행등)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In regard to the crime of mistake of facts or misapprehension of legal principles, the Defendant: (a) in the course of defending the victim’s assault against the victim, was aware of the victim’s breathing or breathing the victim’s breath, which constitutes self-defense; (b) it constitutes self-defense; and (c) there was no fact

(2) As to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, it does not constitute violence merely because the Defendant was slicking the victim at the remote distance between the victim and the road.

(3) As to the crime of violation of the Punishment of Minor Offenses Act, the Defendant was holding a knife for in-service training, the Defendant did not possess a knife without good cause.

(4) The Defendant’s parking of a motor vehicle for a long time with regard to the crime of violating the Automobile Management Act does not mean that the motor vehicle was “discipated.”

B. The sentence imposed by the lower court (one year and six months of imprisonment and a fine of one hundred thousand won) is too unreasonable.

2. Comprehensively taking account of the evidence adopted and examined by the court below regarding the assertion of mistake of facts or misapprehension of legal principles, the defendant, as in the facts charged, can be sufficiently recognized that the defendant, who was aware of the victim's knee and knee, knee, knee, was injured by the victim's breast part of the victim's chest with his knee and knee, and used the victim's knish with the victim's chest for the purpose of retaliationing that the victim suffered the above injury to investigation agency, and used the victim's knish with the victim's knish for the purpose of retaliation, without justifiable reasons, carried the kn

Furthermore, the Defendant, without any justifiable reason, took a bath for the victim and took part in the victim's cage cage that requires treatment for the next four weeks, and therefore this part of the crime was committed.

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