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(영문) 광주지방법원 2017.11.02 2017노3076

상해

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The defendant does not pay the above fine.

Reasons

1. Summary of grounds for appeal;

A. At the time of misunderstanding the legal principles, it was true that at the time of the misunderstanding of the legal principles, the defendant was pushed down the victim, and the victim was pushed down by the defendant's KON, and the victim was pushed down the victim, and the victim was faced with the inside of the office gate, and the victim was faced with the injury on the back of the book.

In light of the background, situation, etc. of the occurrence of the case, although there was an intentional act of assault against the defendant, there was an intentional act of injury.

shall not be deemed to exist.

Therefore, although Article 262 of the Criminal Code applies to the defendant, the court below's application of the crime of bodily injury under Article 257 (1) of the Criminal Code is erroneous in the misunderstanding of legal principles.

B. The sentence of the lower court’s improper sentencing (4 months of imprisonment) is too unreasonable.

2. The judgment of the court below as to the assertion of misapprehension of the legal principles and the evidence duly examined and adopted by the court below and the trial court, and the victim is aware by the investigation agency of the legal reasoning. The victim: "When the defendant was in a dispute with the defendant, she was off his/her clothes, she was satisfing his/her hand on his/her satis, and she was satisfing his/her hand on his/her satis," and " she was unsatisfing his/her satisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisf," and she was unsatfisfisfisfing his/her satfisfisfisfisf satfisfisfisfisfis

The facts leading up to the crime of this case, such as the fact that only the content of “” is the victim, and there is no content that the victim was pushed down by putting his flaps, and that the defendant was pushed up the victim at the office where the households such as the books, chairs, etc. are complicatedly arranged, and the victim suffered bodily injury, such as the flabing of the flab at the 6th state.