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(영문) 대전지방법원 2020.12.10 2020노1993
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (the factual error, misunderstanding of legal principles, and unreasonable sentencing)

A. Although it is consistent with the Defendant’s time when the victim was a victim due to a knife and knife, it constitutes self-defense as it was passive and resistanceed by the Defendant first, and even if not, it is excessive defense. Considering the background of the instant crime, how the Defendant used knife and knife, etc., it is difficult to deem that the Defendant carried dangerous things and committed the crime.

(M) Fact-finding and misunderstanding of legal principles).

Even if the defendant's act is found guilty, the sentencing (six months of imprisonment) of the court below is too unreasonable.

(F) Determination; 2. Determination

A. The following circumstances acknowledged by the judgment of the court below and the judgment of the court below as to the assertion of mistake of facts and misapprehension of legal principles were duly adopted and investigated by evidence. In other words, when the defendant had a horse dispute with the victim at the time of the instant case, he was the head of the victim with a knife on the part of his knife with a knife with a knife with a knife with a knife with a knife with a knife, the defendant and the victim appear to have inflicted an injury on the other party. ② The defendant himself stated at an investigative agency that knife the victim with a knife with a knife with a knife with a knife and knife with a knife with a knife and knife with a knife with a knife, and the quality, shape, etc. of the said knife.

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