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(영문) 광주지방법원 2019.10.15 2019노692

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, including the summary of the grounds for appeal (the mistake and misapprehension of legal principle) and the statement of the victim and H, the court below acquitted the defendant as to the injury of the victim, which is the primary facts charged, although the defendant could be found to have inflicted an injury on the victim by damaging the victim's chest part by hand.

Even if the defendant is not recognized as a crime of injury to the defendant, it is recognized that the defendant injured the victim's chest by hand, and in light of the circumstances, means, and results of the above act, it is difficult to see that it is within the scope of social order, and there is an error of law by misapprehending the legal principles as legitimate act of assault, which is the ancillary

2. The lower court found the Defendant not guilty on the ground that the following circumstances acknowledged by the evidence duly adopted and examined, namely, the video taken by the Defendant at the time of the instant case, appear to have been recorded after the Defendant reported to the police, and the victim was assaulted by the Defendant. In so doing, the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her hered her her her her her her her her her

Furthermore, the lower court somewhat pushed the victim's chest who interfered with the Defendant's body in order to close the driver's seat of the Defendant vehicle.