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(영문) 서울북부지방법원 2016.01.22 2015노1293
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of misunderstanding the fact, the Defendant was unilaterally assaulted by the victim and her husband, and the lower court did not have inflicted an injury on the victim, thereby misunderstanding the fact and finding the Defendant guilty.

B. Legal principles are that there was a misunderstanding of the legal principles that the defendant abuseds the victim.

However, the court below erred by misapprehending the legal principles, thereby finding the Defendant guilty, even if it was dismissed as it was a justifiable act under Article 20 of the Criminal Act, because the victim did not first set the head debt of the Defendant, and the Defendant resisted the passive resistance to ppuri it.

(c)

The punishment sentenced by the court below (the amount of 500,000 won) is too unreasonable.

2. Determination

A. The court below rejected the above assertion in detail on the ground that the defendant argued that the above ground for appeal was the same in the court below's determination. In full view of the circumstances acknowledged by the evidence duly admitted and investigated by the court below, the court below's determination is just, and it is not erroneous in the misapprehension of the judgment by misunderstanding the facts that the victim, who was the victim, was able to satisfe by sating the defendant's head debt and satisfing the defendant's head debt by satisfing the defendant's hand, satisfing the defendant's arms at his hand, and the defendant was removed by satfing the victim's arms at his hand and walking the buckbucks, thereby sufficiently recognizing the fact that the victim suffered the injury as stated in the judgment. Accordingly, the judgment of the court below is just, and there is no error of law

Therefore, the defendant's assertion of mistake of the above facts is without merit.

B. Determination 1 on the misunderstanding of the legal doctrine as to the assertion of misapprehension of the legal doctrine reveals that the act of attack and defense has been committed annually, and that the act of attack and defense has both nature of both attack and defense at the same time.

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