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(영문) 인천지방법원 2014.05.16 2014노364
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In order to fight between the victim and C and D, the Defendant was only aware of the victim’s chests several times, and the victim did not have suffered any injury due to the fighting, and there was no intention of the injury.

B. Meritorious legal doctrine that the Defendant inflicted bodily injury on the victim constitutes legitimate self-defense or legitimate act with the aim of fighting.

C. The lower court’s sentence of unreasonable sentencing (fine 1,00,000) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts and misapprehension of legal principles, the court below found the defendant guilty of the facts charged in this case by taking into account the following circumstances, i.e., ① the defendant's chest part of the victim's chest part over several times beyond the degree of fighting fighting, ② the injury diagnosis letter against the victim is written under bottle, and there is no reasonable ground for rejecting its probative value. 2) The attack act and defense act are continuously cross-rout and defense act are simultaneously conducted, and it is usually hard to view only one party's act as a legitimate act for defense or self-defense (see, e.g., Supreme Court Decision 9Do377, Oct. 12, 199); ② the defendant's position to lawfully adopt the victim's chest and defense in addition to the number of times of assault and defense; ② the defendant's crime of this case was lawfully established by evidence between the victim and the victim; ② the defendant and the victim's 3777, etc.

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