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(영문) 수원지방법원 2018.01.26 2017노6575

상해

Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B shall be punished by imprisonment for a period of five months.

, however, the defendant.

Reasons

1. The summary of the grounds for appeal 1) According to the evidence submitted by the prosecutor (not guilty part), it can be sufficiently recognized that the defendant inflicted an injury on the victim B as stated in this part of the facts charged.

2) Of the facts charged against Defendant B (1) and the Defendant’s misunderstanding of the legal principles, the part of the injury inflicted on the victim I constitutes a legitimate defense or excessive defense.

(2) The sentence of the lower court’s unfair sentencing (eight months of imprisonment, two years of suspended sentence, and one hundred and sixty hours of community service) is too unreasonable.

2. 1) Determination of the Prosecutor’s assertion (1) The lower court, based on its stated reasoning, has inflicted an injury on the victim by considering the victim’s face as stated in this part of the facts charged.

It is difficult to conclude it differently, and there is no other evidence to acknowledge it, and the defendant's act of putting the victim B over a stage phase, bombling b with her hand, or destroying the victim B's right shoulder with her hand floor constitutes a legitimate defense.

(2) The above determination by the court below is justified in light of the following circumstances acknowledged by the evidence duly admitted and investigated by the court below and the court below in light of the circumstances cited by the court below for the above determination.

① At the lower court, the victim B was at the time of assault by the Defendant at the time of the assault by the Defendant, and was immediately before the police officer’s end of the period.

According to the on-site CCTV images of the instant case, the Defendant and the victim B, after getting out of the stage, cannot be confirmed the face of the victim B, knee and pressure the victim B’s chest due to knee and knee, or the victim B’s knee and knee, and the police officer did not go to the CCTV image for one time before the police officer arrives at the site. The victim B was in dialogue with a third party (see, e.g., investigation records).