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(영문) 대구지방법원 2016.04.22 2015노2360

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant did not actively defend the victim against the illegal arrest of the victim, but did not actively protect the victim’s face by cutting the victim’s blue blue with blue blue with the blue blue with the victim’s blue with the blue with the blue with the blue with the victim’s face. Therefore

Even so, the lower court erred by misapprehending the legal doctrine regarding the defense of a political party and thereby adversely affecting the conclusion of the judgment, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged in the instant case is a person who sets up a farmer in a residential area.

On September 18, 2014, the Defendant tried to get off the victim D ( South, 57 years of age) owned by the victim D (the victim South, 57 years of age) located in the Cheongju-gun, Cheongju-gun, Cheongju-si, Cheongju-do.

At this time, he/she confirmed what the victim contains in the bank, and dried up the balthum of the victim on the ground that he/she was flicking the bank, and turned over the balthum of the victim.

As a result, the victim suffered injury to the 14th day of the care for the 14th day, such as the impairment of the buzzle, the impairment of the buzzle, the buzzle and the buzzle of the buzzle.

B. The lower court’s judgment 1) According to the records of this case, the following facts are recognized.

① The D met the Defendant in Songsan, and it was doubtful that the Defendant was sent back to the Defendant’s house, and the Defendant was asked to produce the Defendant’s house.

② The defect that the Defendant refused or attempted to get out of mountain, and D prevented the Defendant from getting out of mountain.

③ The defendants, who want to get out of banks without showing the D and the bags, are each other with a house and straw, and use force, and the defendants attached the D's name, and the two were cut over to the lower mountain.

(4) The defendant left a mountain by getting off Do, and get off it.