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(영문) 대전지방법원 2017.09.27 2017노311

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, misunderstanding of the legal principles and misunderstanding of the victim D’s buckbucks only one time, and the Defendant did not enter his head, etc. by hand and drinking, and the Defendant’s act is for the purpose of defending the victim D’s act, and thus, constitutes a legitimate defense.

B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.

2. Determination

A. The following facts and circumstances acknowledged by the evidence duly adopted and investigated by the lower court on the assertion of misunderstanding of facts and legal principles, namely, ① the victim D explicitly stated that “the Defendant was forced to take head, etc. by drinking and hand (Evidence Nos. 7 through 9) by him/her, ② the victim D was provided medical treatment to the hospital on June 13, 2016 (25 pages of the evidence record) and the cause and the part of the injury indicated in the written diagnosis of injury, etc., appear to correspond to the victim D’s statement (Evidence No. 25 page of the evidence record). ③ The victim D tried to prevent the Defendant from assaulting the victim C by assaulting the victim who is his/her father, and caused the Defendant to take the kitchen to stop his/her assault.”

After all, the defendant stated that he knife knife knife knife knife knife knife knife knife knife knife knife knife with knife knife knife knife knife knife knife knife knife knife knife knife knife knife k

After that, the Defendant stated that he was knife by knife and knife with the victim D, and she escaped from the outside (the 17th page of the evidence record), and in light of the above statements, the victim D is from the Defendant.