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(영문) 서울중앙지방법원 2019.08.22 2019노309
폭력행위등처벌에관한법률위반(공동상해)
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendants of mistake of facts or misapprehension of legal principles merely prevented the victim who was in a state of detention from unilaterally attacking the Defendants, and the victim’s injury was incurred in the course of attacking the Defendants by themselves, and there was no injury to the victim. Even if the victim was injured by domestic affairs, it constitutes legitimate act or self-defense conducted in the course of responding to the attack by the victim.

B. The lower court’s sentence of unreasonable sentencing (the Defendant’s respective fines of two million won) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below as to the assertion of mistake of facts or misapprehension of legal principles, the defendants were related to the relation between the defendants and the victim, and the relation between the defendant and the victim, which had been known to each other as a result of the trip, and ② the defendant A and the victim were under the influence of drinking all the soldiers at the time of this case. ③ When the defendants and the victim her hurbly expressed their desire to put their fingers on the defendant B, the dispute began by making the victim’s desire to put their fingers on the defendant B. When the victim continued to take a bath in English, the victim was punished by the victim’s physical fighting with the victim’s “hurging the steering at the time of the sailing.” ④ The victim continued to have the police officer dispatched under the influence of alcohol to the effect that the victim was assaulted by the defendants, as well as the victim’s statement made to the effect that the victim was consistent with the victim’s assault from the investigation agency’s statement.

In full view of the above-mentioned facts, the relationship between the Defendants and the victim, the motive and circumstances of the instant fighting, the circumstances before and after the fighting, etc.

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