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(영문) 대전지방법원 2015.07.24 2015노204
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Error of facts and misapprehension of the legal principles have only been punished by the victims and the victims, and during this process, there was a fact that the victims took a defensive attitude to avoid assault against the victims, but there was no injury in light of the victims as stated in the facts charged.

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

2. Determination

A. In light of the following circumstances as to the assertion of mistake of facts and misapprehension of legal principles, the victims have credibility in their statements made at the police and the court of first instance, and the evidence duly adopted and examined by the court below can be sufficiently recognized that the Defendant inflicted an injury on the victims.

In light of the background and means of physical fighting by the Defendant and the victims, it cannot be deemed that the Defendant’s act was carried out to escape from or defend the victims’ unfair attack.

(On the other hand, the victim argued that it was difficult for the victim to approach the defendant in advance, satisfe the defendant, and satisfe the defendant. However, it is consistent with each of the statements given from the police to the court below. 1) to the court below, the victim D stated from the defendant that the victim suffered an injury in the course of cutting down and pushing down the defendant's body with his own left hand hand on the defendant's left hand, and the victim E stated that the victim Eul suffered an injury by plucking and plucking the victim's hand on the defendant's hand, and the victim F made a statement that the victim prevented the physical fighting between the defendant and the victim and was in line with the part and the shoulder of the defendant's arms. 2) As seen below, each victim's descriptions and CCTV of the injury in the victim's body and CCTV from the victim's own body are consistent with concrete and alternative.

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