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(영문) 대전지방법원 2018.10.04 2017노3152
폭력행위등처벌에관한법률위반(공동상해)
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A, B, and B did not have any misunderstanding of facts and legal principles, nor did Defendant A and B assaulted the victim C, and the victim C’s cage cage cannot be deemed to have been caused by the assault of Defendant A and B.

Even if there was violence, Defendant A and B jointly committed violence.

When considering the current emergency situation, the assault by Defendant A and B constitutes legitimate defense.

However, the court below held that Defendant A and B jointly inflicted an injury on the victim C.

As such, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2) The sentence of each court below (Defendant A: 8 months of suspended sentence; 2 years of community service order; 1 million won of fine) which is unfair in sentencing is too unreasonable.

B. Defendant C1) misunderstanding of the facts and misapprehension of the legal principles, Defendant C merely spreads the victim’s face by cutting the victim’s timber and treating the victim without discrimination, and there was no fact that the victim’s face was taken or the victim was taken.

Even if Defendant C had a physical contact with Defendant C in the process of booming

This is a legitimate defense that is to escape from the non-discrimination of the victim A.

However, the court below held that Defendant C inflicted an injury on the victim A.

As such, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2) The sentence of the lower court that is unfair in sentencing (2 million won) is too unreasonable.

2. Determination

A. As to Defendant A and B’s assertion of misunderstanding of the facts and legal principles, the Defendants asserted the same purport in the lower court, and the lower court rejected the Defendants’ assertion in detail in the column of “decision on the Defendants’ and their defense counsel’s assertion” in the judgment. The reasoning of the lower judgment is recorded.

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