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(영문) 대전지방법원 2015.02.05 2014노1610
상해
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

Summary of Grounds for Appeal

Since misunderstanding of facts or misunderstanding of legal principles have set up passive defense against the victim F to defend himself/herself against the attack, such as taking the face of the defendant by drinking him/her from the victim F, he/she constitutes self-defense.

The sentence of the court below's decision on unfair sentencing (the fine of 500,000 won) is too unreasonable.

Judgment

In a case where it is reasonable to view that the perpetrator’s act of judgment on the assertion of mistake or misapprehension of legal principles is an attack with one another’s intent to attack one another rather than to defend the victim’s unjust attack, and that the act was committed against one another’s act of attack, the act has the nature of the act of attack at the same time as the act of attack, and therefore, it cannot be deemed a legitimate act.

(2) On March 28, 200, the judgment of the court below is justified. The following circumstances acknowledged by the evidence duly adopted and examined by the court below (see, e.g., Supreme Court Decision 2000Do228, Mar. 28, 2000). In other words, ① the defendant walked in front of the E convenience store located in the D Outdoor Parking Lot located in Seo-gu Daejeon, Seo-gu, Daejeon, and the victim misunderstanding that the victim's her woman-friendly woman-friendly arm's length was unfolded, and the victim misunderstanding that he did not know of this point her woman-friendly arm's length, first sold the defendant's left snow, and the defendant also purchased the defendant's face against it. ② The defendant 2 When the defendant walked the part of the victim's el part of the defendant's body, and the victim her head in the process, ③ the victim suffered the injury as stated in the facts of this case, and the victim suffered the injury as well as the victim's diagnosis and defense.

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