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(영문) 서울중앙지방법원 2015.04.09 2014노4742
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had no fact of damaging H’s bags and had no intention to damage.

B. The Defendant’s act constitutes self-defense in order to defend the Defendant’s unreasonable infringement due to the other party’s violence.

C. The lower court’s sentencing (fine 700,000 won) is too unreasonable.

2. Determination on the grounds for appeal

A. In full view of the evidence duly adopted and examined by the lower court as to the assertion of mistake of facts, and the circumstances surrounding the occurrence of the instant case in the police or in this court, the facts that the Defendant destroyed H’s bags, such as the criminal facts, are sufficiently recognized, in full view of the following: (a) the Defendant’s statement consistently that “the Defendant was deprived of H by cutting down his own bank and h, and his string away from h,” and consistently stated that “the Defendant was deprived of h’s bags

Therefore, we cannot accept this part of the defendant's assertion.

B. In light of the formation of the instant dispute, the background leading up to and after the instant dispute, the purpose and means of the Defendant’s defense, and the intent of the Defendant, etc., as indicated in the record of the determination of the misapprehension of legal principles, the Defendant’s act appears to be beyond the bounds of passive defense as a means of resistance to protect himself/herself from an unlawful attack by the victim and escape therefrom. Thus, the Defendant’s self

C. In full view of the motive, background, means and consequence of the instant crime, the Defendant’s history of punishment for the same or similar crime, and other circumstances indicated in the instant records and arguments, including the Defendant’s age, career, character and conduct, environment, and circumstances after the commission of the crime, the sentence imposed by the lower court is unreasonable.

Therefore, we cannot accept this part of the defendant's assertion.

3. The appeal by the defendant is groundless, and thus, it is in accordance with Article 364(4) of the Criminal Procedure Act.

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