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(영문) 수원지방법원 2016.03.25 2015노5112

상해

Text

The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Summary of grounds for appeal;

A. In fact, the grandchildren suffered by a misunderstanding of the fact are naturally cured and does not interfere with daily life, and thus does not constitute injury under the Criminal Act. Even if it falls under the injury, the Defendant was merely the victim’s grandchildren, and thus there was an intentional injury.

It is not possible to do so, and the above action is caused by the aggressive act of the victim for the aggressive act of the defendant, so there is no relation with the person who committed the act of the defendant.

B. In light of the legal principles, the Defendant was conducting a security inspection at the time of the instant case, and there was a possibility that the Defendant could have included matters related to the company’s business in addition to the insult of the Defendant. However, the Defendant’s act was merely a fact that the Defendant’s act brought about a joint appearance to interfere with the security inspection duty and avoided the Defendant from insulting the Defendant. Thus, it constitutes a justifiable act that does not violate the social rules or a legitimate defense.

2. On September 17, 2014, at around 11:30 on September 17, 2014, the Defendant discovered the joint location of the 9th E-story office of D Building in the direction of the victim F as the head of the headquarters, and the victim discovered the joint location described as “the head of the headquarters” while conducting a security inspection on the books of the victim F. In order for the victim to take the above joint location of the joint location, the Defendant took the victim’s left hand in order for the victim to take away the above joint location of the joint location, and the victim caused the victim to suffer the injury of the victim’s left hand by taking the Defendant’s hand away the Defendant’s hand from the Defendant’s hand by taking the Defendant’s hand on the 14-day left hand of the defective victim’s hand.

3. The lower court’s judgment, based on the evidence, found the Defendant guilty, and it is difficult to see that the contents written in the mermos are related to the company’s business as to the Defendant’s legitimate act or legitimate defense. In light of all the circumstances, the lower court’s judgment is reasonable.

참조조문