상해
The judgment of the court below is reversed.
The defendant shall be innocent.
1. Summary of grounds for appeal;
A. In light of the fact that the victim E (hereinafter referred to as “victim”)’s statement to the effect that the defendant abuseds himself and injures himself (hereinafter referred to as “victim”) is not reliable, and the victim received a written diagnosis from the police on September 1, 2012, which was 12 days after the date of the occurrence of the instant case, after receiving a criminal complaint from the police on the charge of injuring himself/herself, and it is difficult to believe the statement about the victim’s part or degree of the bodily injury in the said written diagnosis, and the photograph or the part of the bodily injury taken by the victim, which the victim submitted, are deemed to have been fabricated by the victim, the court below found the victim guilty of the instant facts charged, and there is an error of law by misunderstanding the facts, which affected the conclusion of the judgment.
B. In light of the legal principles, even if the victim suffered injury, the victim is required to leave the defendant's residence.
In light of the fact that the defendant's act constitutes an act of emergency evacuation, self-defense, and legitimate act, even though he received the Gu, and the defendant did not comply with the escape, and that the victim first committed an injury by assaulting the defendant, and the defendant passive response to the victim's assault, etc., the court below found the defendant guilty of the facts charged of this case. Thus, the court below erred by misapprehending the legal principles on emergency evacuation, etc. which affected
2. Determination
A. The summary of the facts charged in this case, around August 20, 2012, the Defendant collected clothes from Jinju-si D apartment 101 Dong 902 at the Defendant’s house, Jin-si, Jin-si, Do, 101, 902, and the Defendant’s husband’s body, and collected her clothes from the Defendant’s husband’s body in F’s heart, and she laid off her clothes outside of the entrance.