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(영문) 인천지방법원 2015.10.02 2015노2762
폭력행위등처벌에관한법률위반(공동상해)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Although there was a misunderstanding of facts or misunderstanding of legal principles that the victim A had flapsed, the defendant did not injure the victim A or assault the victim B in collaboration with H as stated in the judgment of the court below.

Even if there was a physical conflict between the defendant and the victims, it should be viewed as self-defense or self-help.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.

2. The following circumstances acknowledged by the court below's legitimately adopted and investigated evidence of misunderstanding of facts or misapprehension of legal principles: (i) when the police received 112 reports and called the scene of the crime of this case, the victim's blood transfusion was made (see investigation reports (34 pages of evidence records) and damaged photographs); (ii) the victims were living in a restaurant in the investigative agency and the court of the court of the court below in relation to the process of this case; (iii) the Defendant and the victim were living in a restaurant; (b) the victim got the victim's bath, etc.; (c) the victim got the victim's bath; and (d) the victim got the victim's bath; and (e) the defendant got the victim's bath, followed the victim's b; and (e) when the victim was drinking, the defendant stated the victim's bath and stated the victim's bath to the effect that it was possible for the victim to attack and defend the victim's 197th act.

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