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(영문) 수원지방법원 2017.10.20 2017노4125

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal 1) In relation to the injury, the Defendant only pushed the victim with the time of the instant case, and did not assault the victim.

Even if the defendant has abused the victim, the defendant has committed an assault against the victim.

Even if such damage was inflicted on the victim

It can not be seen as a legitimate defense or a legitimate act, and the illegality is excluded.

2) With respect to defamation, the Defendant continued to incur a trial cost at the time of the instant case, and whether “I will complete the instant lawsuit. I would like to see why we will do so.”

It is not necessary to pay the amount of money at an interest rate due to the occurrence of the Si expenses.

Only that was called “A. D.”, and there was no such statement as stated in this part of the facts charged.

Even if the Defendant stated in this part of the facts charged, there is a fact that the Defendant stated.

Even if there is only one person other than the defendant and the victim at the time, the performance cannot be recognized, which is a legitimate act, and illegality is excluded as a legitimate act.

2. 1) With respect to the act of injury, there was no fact of assaulting the victim, and even if there was a fact of assaulting the victim.

Even if such damage was inflicted on the victim

As to the assertion that cannot be seen, the Defendant made the same assertion in the original trial.

For the following reasons, the lower court determined that the Defendant could fully recognize the fact that the Defendant inflicted bodily injury on the victim by assaulting the victim several times at the time of the instant case.

The decision was determined.

(1) The aggrieved person shall consistently in an investigative agency and a court below that he/she sustained a strong injury on two occasions by the accused.

was stated.

② In the case of black stuff images (in particular, REC-20160818 Do203138 Do2) and surrounding CCTV images, the Defendant’s shoulder part of the victim’s shoulder is checked that the victim is pushed down.

(3) The diagnosis date of the injury is close to time from the day following the occurrence date of this case, and the accused is in charge of the medical control against infection.