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(영문) 대전지방법원 2015.05.07 2014노2533
상해
Text

The judgment of the court below is reversed.

The sentence of sentence shall be suspended for the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts did not have been at the time of the victim’s creaming, and the Defendant and the victim got tightly from the victim’s breath to the victim in order to prevent the Defendant from passing away, which constitutes self-defense or excessive self-defense.

B. The lower court’s sentence on the Defendant of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by each evidence duly adopted and investigated by the court below regarding the assertion of mistake of facts are: (i) the defendant appears to have liveded with one another after the victim's scam was first taken once, and (ii) the defendant was pushed ahead with the victim so far; (iii) the defendant was faced with the victim by spreading the victim to prevent the defendant from passing away; (iv) the defendant was sent to the police by the victim's report, and the crime of this case was found to have been committed; and (v) In light of other circumstances, the defendant's crime of this case is not deemed to constitute excessive self-defense because it was an act to defend the victim's unfair infringement, and there is considerable reason to do so; and (v) the defendant's act of defense is not deemed to constitute excessive self-defense or self-defense.

Therefore, this part of the defendant's assertion of mistake is without merit.

B. The instant crime of determining unfair sentencing is one of three weeks, where the Defendant was at the time of the victim’s bucking, and where the victim was parked in the cargo vehicle by being pushed away from the victim.

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