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(영문) 수원지방법원 2017.06.14 2017노1299

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not have exercised the same tangible power as the Defendant stated in the facts charged.

In addition, even if the defendant's act does not have any fact of being injured by the victim, and therefore, even if the defendant's act is assessed as violence, the prosecutor's prosecution should be dismissed because the defendant and the victim agreed with each other in relation to this case on June 2015.

Even if not,

Even if the defendant's act is a significant defense act in order to prevent the victim's assault, illegality is excluded as it constitutes a legitimate defense or legitimate act.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 1.5 million) is too unreasonable.

2. Determination

A. The following circumstances revealed by the evidence duly admitted and investigated by the lower court regarding the assertion of misunderstanding of the facts, namely, ① the victim was sweeted with the Defendant from the investigative agency to the court of the lower court, and sweeted with the Defendant, and the Defendant was sweeted by the victim’s sweet and sweeted.

(Evidence) (Evidence No. 104, 105, 132 pages, 137, 138 pages), 2 at the scene of a crime

H also "The victim is going back to broad and wide, but the defendant was pushed ahead of the softening with the right.

By doing so, I have observed the shoulder and trees, and seeed them as soon as possible at the site.

It was placed on the sloping and stamped on the sloping.

It shall be examined that the defendant cross-speaks the victim by pushing the victim.

Although there was a fact that the letter of provisional agreement entered into on June 22, 2015, stating “A” (Evidence No. 141, 142, page 152, trial records), and “A” was written in the same manner as the agreement entered into on June 23, 2015, with “A (victim)” and “A (Defendant)”, the said agreement was written.