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(영문) 광주지방법원 2013.09.25 2013노1262
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s act of self-defense constitutes self-defense as a citizen of the victim once to avoid assault by the victim.

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

2. Determination

A. In a case where it is reasonable to view that the perpetrator’s act of judgment as to the assertion of self-defense constitutes self-defense, rather than for defending the victim’s unjust attack, and that the perpetrator first fighted with the intent of attack, and went against it, the perpetrator’s act constitutes self-defense, since the act has the nature of the act of attack at the same time as the act of attack.

(See Supreme Court Decision 200Do228 delivered on March 28, 200, etc.). The court below duly adopted and examined the following circumstances acknowledged by evidence, i.e., the victim A expressed in the court of the court of the court below that "the defendant initially made the comments to himself/herself, and on the day of the case, he/she made the comments to himself/herself," and that "the defendant expressed his/her will to the effect that "I would like to take his/her own seat in her hand," and that "I would like to take the victim's face in the process of fighting the victim's 2 times or more, and the victim's face in the process of fighting the victim's oral statement and 3 times more than the victim's oral statement."

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