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(영문) 인천지방법원 2012.12.28 2012노1817
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the absence of a misunderstanding of fact that the defendant used the victims to assault and injure them, and even if so, the victim was injured.

Even if this constitutes self-defense to defend the victims' unfair infringement, the judgment of the court below which found the defendant guilty is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. In light of the various sentencing conditions in the instant case of unfair sentencing, the lower court’s punishment (one million won of fine) against the Defendant is too unreasonable.

2. Determination

A. On October 12, 201, at around 00:05, the summary of the facts charged is that the defendant, at around 00:05, was in dispute with the victim D, who was the wife within F 201:05 Kimpo-si, Kimpo-si, 1607, and tried to find out the text of the mobile phone suspected of the defendant's external appearance, etc. and to look at the mobile phone. As a result, the victim D was in danger requiring two weeks of medical treatment, such as light d, and the victim E, who is the remaining students of the victim D, tried to open the door at the canter, and tried to leave the right right box, and it is difficult to recognize the importance of the victim's arbitrary confession from the evidence duly adopted and investigated by the court below, namely, it is difficult to recognize the victim's arbitrary testimony from the victim and the victim's testimony after the victim's death, as long as the defendant did not have any special circumstances.

In light of the above evidence, the confession made by the defendant in the court below is not reasonable in itself.

Other circumstantial evidences that correspond to the facts charged.

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