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(영문) 서울중앙지방법원 2017.11.30 2017노2153

특수상해등

Text

The defendant's appeal is dismissed.

Reasons

Although the defendant alleged the misunderstanding of the summary of the grounds for appeal (misunderstanding of facts and improper sentencing) has assessed the victim H once a week, the remainder of the facts charged cannot be found for the following reasons.

In light of the fact that the Defendant, a one-way P (one-way Q), who suffered injury to the Victim H, prices the inside of the H once a week, and the Defendant later turns down with G and H, the Defendant sustained injury to the H. As such, the Defendant sustained injury to the H.

It could not be predicted, and there was assault such as P and others who were sexually ill-diseaseed to H regardless of the defendant's will.

There is no public contest relationship between the defendant and another criminal defendant.

H의 상해는 그 부위가 머리 정수리로 피고인이 주먹으로 H의 안면을 1회 가격한 행위로 발생한 것이 아니고, 공소사실에 기재와 같이 피고인이 던졌다는 맥주병에 의해 생긴 것도 아니다( 주먹으로 H을 1회 가격한 피고인의 유형력 행위가 끝난 뒤 피고인이 G와 뒤엉켜 있던 중 H에 대한 ‘Q’ 의 폭행에 의한 것이라 거나, H이 맥주병 및 잔이 어지럽게 깨어진 바닥을 뒹구는 과정에서 발생하였을 가능성이 매우 높다). 피고인이 H을 주먹으로 1회 가격한 행위는 정당 방위에 해당한다.

There is no fact that the defendant's injury to the victim I was the first price.

At the time, the defendant was faced by the beer's disease at the price of head, and the defendant respondeded to this, and the defendant was frighten and frighted by I.

After the dispute is terminated, G went out of the room by neglecting H, and G was stud outside of the room.

I assaulted on the part of I once.

There is no fact that the defendant was injured by the victim J.

The J has left studio before the dispute arises in studio.

J Ha was on board with H, I, G, etc., and G was assaulted by G I and J within the first-aid vehicle.

J is the fact that it was assaulted by the court of original instance against himself.