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(영문) 창원지방법원 2019.05.30 2018노3096

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (based on factual errors and misapprehension of legal principles) is erroneous in matters of misconception of facts and misapprehension of legal principles, thereby adversely affecting the conclusion of the judgment.

On the part of the injury (2018 Highest 1482 case), the defendant did not have any fact of assaulting the victim, and even if not, it constitutes self-defense because he or she set up a passive defense against the victim's unilateral violence.

B. As to the violation of the Road Traffic Act (Refusal of Measurement), the police officer's request for the measurement of alcohol is illegal because the defendant did not drive under the influence of alcohol (2018 Godan1898) and the defendant did not do so.

2. Regarding the point of injury (2018 Godan1482 case), the victim consistently stated at the investigative agency to the effect that “the Defendant parked the vehicle in the vehicle, showing the appearance that the Defendant would come to a low-income farm, and subsequently, the Defendant was able to bread and pushed down the breath while taking a bath.”

The victim reported the victim's assault from the defendant and reported 112. The "12 Report Report sheet" prepared by the police officers dispatched at the time stated that "the defendant and the victim took a bath for both the defendant and the victim, and the victim took a bath for them, and the victim took a bath for them, and the victim took a bath for them, and the victim took a bath for them, and "the report on the occurrence of the crime of assault" was also viewed as "the report on the occurrence of the crime of assault" by "the defendant took a bath for them, and the victim took a breath, and there was a fact that the victim took a bath for them and breath for them."

'The letter is written.'

The victim Q, the victim's birth R was at the present site and the investigation agency made a statement consistent with the victim's statement.

In full view of all these points, the defendant first saw the victim who gets from the vehicle, while playing a bath for the victim.

참조조문