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(영문) 광주지방법원 2015.12.09 2015노1503

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal is erroneous in the misapprehension of legal principles or misconception of facts, even though the defendant was knife with knife with knife with knife with knife with knife with knife with knife with knife with knife with knife with knife with the victim.

2. On the grounds indicated in its reasoning, the lower court rendered a not guilty verdict on this part of the facts charged, on the ground that the Defendant’s act of taking the victim’s face when he and she pushed the victim against the victim constitutes self-defense.

Examining the above judgment of the court below closely after comparison with the records, when the defendant had a cell phone and clothes and re-entered into the interior package of this case, the defendant's head part at the right edge of the defendant's knife knife knife at the end of the defendant's knife, and then knife the defendant's body at one time in the process of suppressing the defendant's life, and then knife the victim's body at one time in the process of suppressing the defendant's life, it can be recognized that the defendant has knife the victim's body at one time after knifeing the victim's body. Further, when considering the fact that the defendant suffered 2 cm, 1.5 cm on the left part, and 2 cm on the two knife on the right side of the defendant, the defendant's act of inflicting bodily injury on the victim at the time of knife's body is an act to defend the victim's body, and it does not violate social self-defense.

Therefore, the judgment of the court below is justified, and it is so decided as per Disposition by the assent of all participating Justices.