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(영문) 부산지방법원 2019.01.18 2018노3451
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In addition, in the process of defending the victim from assaulting the defendant first, the court below convicted the victim of the facts charged in this case, although it constitutes self-defense. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 500,000 won) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court’s judgment on the assertion of mistake of facts or misapprehension of legal principles are consistent with the evidence duly adopted and investigated by the investigation agency and the court of the lower court (i) the victim stated the fact of damage relatively consistent in the court of the lower court (or, even if the victim’s statement is inconsistent with detailed parts, it is generally consistent with the purport that he/she committed assault by taking the victim’s grandchildren from the second floor of the office building of the association or from the third floor of the building of the association, or by taking off the victim’s fingers with the wall towards the wall and preventing him/her from moving), and (ii) E, who was employed as a chief executive officer of the association, stated in the court of the lower court that “the Defendant took the victim’s grandchildren and pushed him/her toward the wall through recorded CCTV,” and (iii) the victim took the victim’s body and satisfy the victim’s body and satisfy the victim’s body as stated in its reasoning.

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