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(영문) 광주지방법원 2013.08.21 2013노926

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the following facts: (a) the victim consistently states the fact of damage; (b) the victim was issued a medical certificate by finding at the hospital on the day of the instant case; (c) the Defendant’s response was determined to be false; and (d) the Defendant found the victim by finding out the victim for reconciliation; and (c) the Defendant made a clerical error in the name of the victim; (b) the lower court acquitted the Defendant on the ground that the Defendant’s act constitutes legitimate self-defense or legitimate act, even though there is sufficient room to deem that the Defendant committed assault by the victim

2. Determination

A. Around May 27, 2012, the Defendant: (a) around 14:30 on May 27, 2012, the summary of the facts charged against B (the age of 61) spits the Defendant’s face, spits the brine in the Defendant’s face, and spits the Defendant’s brine with bomb and head seed, thereby committing an injury to B, such as thrhee, requiring approximately two weeks of treatment by satising B’s head and satching B.

B. In full view of the evidence duly admitted and examined by the lower court, the lower court acknowledged the following facts: (a) around 14:30 on May 27, 2012, G resisted B to the purport that B does not spread vain in relation to its and the Defendant’s relationship within “F,” and (b) on the Defendant’s face located adjacent to G, he spited B spited the Defendant’s brine and head sat down by bating the Defendant’s bat and head sat, and caused the b and Defendant’s body to be combined with each other in the process; (c) the Defendant sat down B’s head satch in opposition to such acts; (d) the Defendant was injured by 24 days in need of hospital treatment; and (b) the Defendant was aware of each of the above facts: (a) the police satched satch, etc.; and (b) the Defendant was each of the above facts.