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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울남부지방법원 2018.04.27 2017노262
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the misunderstanding of facts, the court below convicted the defendant of this part of the facts charged, although the defendant did not have a misunderstanding of facts, as stated in the facts charged, she did not have a misunderstanding of the victim C, etc. with the victim's interest as stated in the facts charged. The

B. As to the misapprehension of the legal principle, although it is consistent with the defendant's time when the victim D's cream is applied, it constitutes a legitimate defense and thus the illegality is removed, the court below convicted the defendant of this part of the charges, which is erroneous in the misunderstanding of legal principles, which affected the conclusion of the judgment.

(c)

Even if the court below's conviction for sentencing is recognized, the punishment imposed by the court below (1.7 million won) is too unreasonable.

2. Determination

A. The defendant argued to the same effect as the grounds for appeal in the court below. The court below duly adopted and investigated the following circumstances, namely, ① the victim C was in line with the defendant at the time of the investigation agency and the court of the court of the court below, and the defendant was expressed to the effect that he was aware that he was faced with the defendant at the time of the investigation agency and the court of the court of the court below. D, H, and I were at the scene at the time of the court of the court below, although they were unable to memory on the part facing the above victim at the court of the court of the court below, they made a statement to the effect that the defendant went against the victim on the part of the above victim. However, there seems to be no special circumstance to reject the credibility of each of the above statements, ② the defendant voluntarily made the defendant go beyond the victim's head of the victim C, and the victim was too in line with the victim's head, and the victim was too satis and made a statement to the effect that he was satising on the floor.

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