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(영문) 서울중앙지방법원 2019.02.14 2018노2607

상해

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

At the time of misunderstanding the facts, the Defendant tried to prevent the victim from getting out of the stairs without accurately knowing the location, etc. of the victim while she was her body after having her haird with the original hair and her body on the winter clothes at the time of misunderstanding the facts, and went back again to the stairs without knowing the victim's intention to get out of the stairs from the victim, and did not exercise the force of force on the victim.

Even if physical contact had been made, there is no intention of injury or no causal relationship with the result of injury.

Even if the exercise of the defendant's tangible power is recognized, the illegality is excluded as acts that do not violate the socially accepted defense or other social rules, since the defendant is not actively under the direction of the victim, but rather under the control of the victim.

The punishment (fine 2 million won) sentenced by the court below on unreasonable sentencing is too unreasonable.

Judgment

In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts, the Defendant may fully recognize the fact that the victim was injured and the intention thereof was committed.

In the CCTV images containing the form at the time of the instant case, the victim seems to have been pushed as the victim seems to have been prudented with left hand, and as alleged by the Defendant, it is difficult to view that the victim, regardless of the Defendant’s shoulder or arms, fell behind alone.

Even before the victim goes beyond the victim, the defendant was merely trying to keep the victim from facing his arms and shoulder, and the victim was followed by his arms and shoulder. However, according to the above images, the defendant was trying to keep the victim from facing his arms by leaving his body toward the back of the victim.