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(영문) 창원지방법원 2015.12.10 2015노2251
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, by misapprehending the legal principles, asserts that the illegality of self-defense constitutes legitimate self-defense because it constitutes legitimate self-defense as a means of resistance to escape from a unilateral assault of the victim.

B. The Defendant asserts that the sentence imposed by the lower court (a fine of KRW 700,00) is too unreasonable.

2. Judgment on the misapprehension of legal principles

A. On April 17, 2015, the Defendant: (a) around 19:23, at the front of the “Cjuk store” located in D, the instant charges: (b) sought a bath in relation to the accident from the victim F, who was under contact with D and was at the scene of the accident; (c) dump, dump, dump, dump; and (d) dump, the Defendant dumped the victim’s eump, and inflicted an injury on the victim, such as dump, dump, eump, bones, etc. of the bones that requires treatment for about 10 days.

B. The lower court found the Defendant guilty of the instant facts charged by compiling the evidence as indicated in its judgment.

C. In full view of the following circumstances revealed by the evidence duly adopted and examined by the court below, i.e., ① the victim’s act is consistently stated by the investigative agency to the effect that “the defendant was sprinking and sprinking the victim’s breath,” ② the victim’s photograph taken up immediately after the occurrence of the instant case, which appears to be a spacker country, ③ the victim’s act is deemed to be a legitimate act for defense or self-defense between the victim and the victim, even if the victim committed the Defendant, and thus, it cannot be deemed to constitute a legitimate act for defense or self-defense.

Therefore, the defendant's assertion of legal principles is not accepted.

3. The defendant has been subject to criminal punishment until now on the argument of unfair sentencing.

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