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(영문) 인천지방법원 2020.05.21 2019노3625

폭행치상

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles that the Defendant did not shoulder the victim's satisfe or injure the victim's chest, and stated the victim's satisfe, but this constitutes a justifiable act that is reasonable to be permitted by social norms as an act to prevent the victim from attacking the defendant first.

B. The lower court’s sentence (two million won of fine) imposed on the Defendant is too unreasonable.

2. Determination

A. In other words, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., ① the defendant did not have a conversation with the victim on the day of the instant case, and the victim claimed that the victim was a sudden attack against the defendant on the day of the instant case, while the victim argued that there was a dispute with the defendant before the victim was assaulted by the defendant, it is difficult to easily understand that the victim did not have any conversation with the defendant at the time of the instant case, and rather, it is natural to view that the victim's attack was the cause of the instant case, such as the victim's statement, rather than the victim's statement, and ② the victim stated to the effect that there was a dispute between the defendant and the victim with the victim with the victim consistently from the investigative agency to the court of the original trial, and the victim took his hand. The statement that the above defendant was the victim's grandchildren by the victim appears to be specific and natural content that the victim could not have experienced without his own direct experience, ③ the victim's attack to the right of the victim by taking industrial accident compensation.