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(영문) 광주지방법원 2015.11.11 2015노986
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In order to defend himself from assault by the victim, the defendant of mistake of facts is only a fact that he fatds and fatds the victim’s fat, and there was no fact that he fatds the victim, and the victim’s upper part appears to have occurred in the course of assaulting the defendant. Thus, the judgment of the court below which found the defendant guilty is erroneous

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.

2. Determination

A. In a case where it is reasonable to view that the perpetrator’s act of judgment on the assertion of mistake of fact was satisfyed with one another’s intent of attack rather than with a view to defending the victim’s unjust attack, and that the act was committed against one another, it cannot be deemed as self-defense, since the act was at the same time the act of attack, which is a defensive act,

(2) In light of the above legal principles, the victim's injury appears to have occurred in the process of fighting with the defendant, and the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., the victim's diagnosis statement submitted by the victim: (a) according to the victim's written diagnosis statement on November 13, 2013, the following day after the arrival of the defendant and the victim: (b) the victim was diagnosed with the victim's body, "gred with the eye and eye on the left side" for approximately 2 weeks of treatment, "the 4 weeks of treatment" for approximately 4 weeks of treatment (Evidence No. 28 and 29 of the evidence record), and the victim's injury was found to have occurred in the course of fighting with the defendant, and (b) the defendant was unable to fight from the investigative agency to the trial, and the victim's body was fighting with the victim's body.

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