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(영문) 대전지방법원 2015.07.29 2015노1008
폭력행위등처벌에관한법률위반(공동상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit an injury by assaulting the victim as stated in the facts charged, such as misunderstanding of facts and misunderstanding of legal principles.

Even if self-defense or self-defense is applicable.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 300,000 won) is too unreasonable.

2. Determination

A. In the judgment of the court below on the assertion of mistake of facts and misapprehension of legal principles, the court below rejected the defendant's assertion on the ground that the victims had been on the land owned by the defendant, although it is recognized that the victims had been on the land owned by the defendant, and that the defendant consented to the defendant by repeatedly leading victims several times before D and C. This is not the defense against intrusion, but it is deemed that the victims had been expressed as an intention to obstruct attack and photographing, and the reasonableness of the means is not recognized, and that the victims have been aware that they would walk several times even if they were to be on the part of the "decision on the argument of the defendant and the defense counsel", and that the defendant was convicted of the facts charged in this case on the ground that the intention of injury is also recognized.

When examining the judgment of the court below closely with the evidence records, it is just and acceptable to the judgment of the court below, and there is no error of law by misunderstanding facts or misunderstanding of legal principles as alleged by the defendant.

B. As to the decision on the issue of unfair sentencing, there are circumstances to consider some of the circumstances leading to the crime of this case, such as when the victims of this case committed an infringement on the land owned by the defendant and caused the crime of this case, the type and force of the defendant exercised by the defendant, the degree of injury of the victims resulting therefrom, and the fact that the defendant has no specific criminal power, etc. are favorable to the defendant.

On the other hand, the defendant's continued denial of crime and criticism of victims is against all.

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