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(영문) 수원지방법원 2017.07.27 2017노828

상해

Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. The lower court erred by misapprehending the legal doctrine on the following grounds: (a) the Defendant was sealed the victim’s chest to protect the victim’s chest in order to protect the victim’s sound and to protect D, thereby constituting a political party defense.

Nevertheless, the judgment of the court below which convicted the Defendant of the facts charged of this case is erroneous in the misapprehension of legal principles.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 500,000) is too unreasonable.

2. Determination

A. According to the evidence duly admitted by the lower court on August 7, 2016, the lower court’s determination as to the assertion of misapprehension of the legal doctrine: ① the Defendant was pregnant with D on August 7, 2016, and the victim was tried to affix photographs to the photographs inside the building that he/she works as security guards; the victim was her pets and prevented him/her from entering the building; ② the Defendant displayed his/her arms during the dispute with D; ② the victim was her chestd with D; the victim’s chest was pushed back to the body of the victim; ③ the victim was diagnosed on August 8, 2016, with the next day, and the victim was issued with a diagnosis certificate, etc.; and the victim was issued with the victim’s diagnosis certificate to the extent that he/she was aware of the above facts beyond the victim’s free will; and the victim’s statement to the extent that he/she could not be seen as having been beyond the victim’s free will; ② the victim’s statement to the extent that he/she could not have known the victim’s remaining.