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(영문) 부산지방법원 2020.10.23 2020노1219
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not harm the victim by misunderstanding of facts and misunderstanding of legal principles.

Even if so, the defendant is prevented from taking advantage of the victim's will to escape from unilateral assault, which constitutes self-defense.

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

2. Determination

A. The Defendant asserted the same purport in the lower court’s judgment as to the assertion of misunderstanding of facts and misapprehension of legal principles, and the lower court rejected the above assertion by providing a detailed statement of the judgment.

In addition to the following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, the injury diagnosis report (Evidence No. 101 pages) submitted by the victim was prepared on the date of the occurrence of the instant case, and the parts and degree of the injury as stated in the said diagnosis report are consistent with the causes and details of the injury alleged by the victim, and there is no circumstance to specifically doubt credibility in the process of issuing the diagnosis report, and the victim’s photographs (Evidence No. 21, 22, 38 pages) are also consistent with the victim’s statement, the court below rejected the Defendant’s assertion and found the Defendant guilty of the facts charged of the instant case.

Therefore, the defendant's assertion of mistake and misapprehension of legal principles is without merit.

B. The lower court determined the Defendant’s punishment on the assertion of unfair sentencing by taking into account the favorable circumstances and unfavorable circumstances for the Defendant as above.

In full view of all the circumstances that serve as conditions for sentencing in this court, the judgment of the court below was judged to have exceeded the reasonable scope of its discretion, or there is no special change in circumstances that may change the sentence of the court below.

In addition, the grounds for sentencing revealed in the proceedings of the present case, such as the age, environment, circumstances and results of the crime, etc. of the accused.

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