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(영문) 대법원 2015.06.11 2015도2759
폭행치상
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the judgment below in light of the evidence duly admitted by the court below, it is just to reverse the judgment of innocence of the court of first instance on the ground that the defendant's act does not constitute legitimate act or self-defense on the facts charged of this case, and there is no error by misapprehending the legal principles on legitimate act or self-defense

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal may be filed on the ground that the amount of punishment is extremely unreasonable only for a case on which death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed. Thus, in this case where the defendant was sentenced to a minor punishment, the argument that the sentence is unreasonable due to the failure

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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