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(영문) 부산지방법원 2014.12.04 2013노649 (2)
폭행
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. As to the facts charged in the judgment of the court below, the defendant committed an injury in the course of erroneous determination of facts, even though he did not have inflicted an injury on the victim as stated in the facts charged, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. As to the insult of C among the facts constituting a crime in the judgment of the court below, the defendant's act constitutes a legitimate act or self-defense by assaulting the defendant, and thus constitutes a lawful act or self-defense. However, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous by misapprehending the legal principles

C. Even if not, the sentencing of the lower court (the fine of KRW 1.5 million) is too unreasonable.

Judgment

A. The following circumstances that can be recognized by the lower court’s judgment on the assertion of mistake of facts and the evidence duly adopted and investigated by the trial court, namely, ① the victim A committed assault against the Defendant, such as: (a) the victim was consistently challenged from the investigative agency to the court of the lower court; and (b) the victim was suffering from injury by breaking the victim’s neck over the floor by cutting down the victim’s neck (the victim was indicted for perjury on the ground that the victim testified to some of the testimony of the lower court; (c) the part which was pronounced guilty was related to whether the victim was injured by the Defendant; and (d) the CCTV video taken at the time of the instant case was found to the hospital after the lapse of the time of the victim’s testimony; and (e) the victim was found to have taken advantage of the victim’s neck by selling; and (e) the victim’s neck part of the victim’s neck and the part of the victim’s neck.

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