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(영문) 서울남부지방법원 2013.09.12 2013노1053
상해
Text

The judgment below

Of the above, the part concerning Defendant A shall be reversed.

Defendant

A shall be punished by a fine of 500,000 won.

Defendant

A.

Reasons

1. Summary of the Defendants’ grounds for appeal

A. Defendant A (Definite and misunderstanding of legal principles) did not have inflicted an injury upon Defendant A by cutting the chest part of the victim B’s chest. Even if the victim B was found to have the chest, this constitutes self-defense by an act committed by Defendant A in the course of defense against the victim B during the course of assault by the victim B.

B. Defendant B (1) In fact-finding, Defendant B merely attempted to blue the victim A into a blue part, and did not inflict an injury on the victim A’s chest part.

(2) The sentence of the lower judgment on unreasonable sentencing (one million won by fine) is too unreasonable.

2. Determination on the grounds for appeal

A. (1) The facts acknowledged by the records of this case’s judgment on the assertion of mistake of facts and misapprehension of legal principles regarding the Defendant A’s assertion, and the victim B’s statement to the effect that “the Defendant’s arms were blusium and blusium.” On May 22, 2012, J Hospital’s doctor K who treated the victim B had no flusium, but with no flusium, issued a diagnosis by claiming for a pain, and issued a certificate of injury if the flusium was flusium and flusium, and stated that the flusium was flusium and flusium treatment for at least 3 days (the investigation record 72,73 pages), etc., Defendant A could not be found to have caused a blusium flusium in the victim B’s chest with his arms and thus, Defendant A’s assertion of mistake of facts is without merit.

In addition, in light of the above facts of recognition, it is difficult to view Defendant A’s act as self-defense because Defendant A did not take the chest of the victim B in the course of being abused from the victim B, and therefore, Defendant A’s assertion of misapprehension of the legal principles is without merit.

(2) Ex officio determination (unfair form) and the mother of the injured party B on the rooftop of multi-family housing.

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