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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2020.12.18 2020노3219
상해등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. misunderstanding of facts or misunderstanding of legal principles unilaterally resisted by the victims, and there was no intention of assault and injury against the victims.

Even if the defendant's act is recognized as violence and bodily injury, it is merely a passive act of resistance, and it is not illegal as it constitutes legitimate act.

Nevertheless, the lower court erred by misapprehending the legal doctrine on the facts charged of this case, thereby adversely affecting the conclusion of the judgment.

B. The lower court’s sentence on the Defendant of unreasonable sentencing (the fine of 500,000 won) is too unreasonable.

Judgment

A. The intention of assaulting a judgment on the assertion of mistake or misapprehension of legal principles refers to the perception and intent of the fact that there was no intention of assaulting or injuring another person's body. According to the evidence duly adopted and investigated by the court below, the defendant can be sufficiently recognized to have committed the above acts by recognizing the fact that the victim's body was exercised by force against the victim, thereby making the victim's head one time in response to the victim's loss, the victim E took the victim's hand, the victim's fighting fighting fighting fighting fighting fighting fighting fighting fighting fighting fighting fighting fighting her hand, the victim's head Eul again her hand between the victim's her hand and the victim's her hand fighting her hand, and it can be sufficiently recognized that the above acts were committed by her awareness of the fact that the victim's physical force was exercised by the victim's body.

In light of the above evidence, the Defendant’s face and part of the victim’s face while fighting with the victim D and the body part of the victim’s face can be acknowledged as having the left part, and the Defendant has the same contents and the strength of robbery.

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