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(영문) 광주지방법원 2016.07.12 2015노2969

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal did not constitute a legitimate defense or legitimate act, since the Defendant first endeded C with the Defendant’s first time, thereby causing injury to C, such as damage to the reputation of his cos for about two weeks, and the Defendant did not have passive resistance to the attack of C. Thus, it does not constitute a legitimate defense or a legitimate act.

2. According to the evidence duly adopted and examined by the lower court and the first instance court, the Defendant delayed arrival of C at the construction site.

A decoration shall become a vision, and the face part of C shall be found to be 2 to 3 times as a drinking.

However, according to the following circumstances acknowledged by the evidence duly adopted and examined by the court below and the court below, the defendant was killed and wounded in C while fighting in order to defend himself from C who puts a knife a knife to himself, and thus, the defendant's act constitutes a legitimate defense or legitimate act that is reasonable in light of social norms.

1) C and G were first at the time of Defendant C.

Although the testimony was made, H, F, and the Defendant stated that G was not at the beginning at the time when G was not at the beginning, and G also stated that G was at the time when the fighting was 50 meters away from the time when the fighting was set aside in the original court, and that G was at the time of the fighting, and that G was at the beginning.

Therefore, it is difficult to believe that C’s statement cannot be trusted as it is, and that C’s statement is inconsistent with C’s statement as well as the other party to fighting, and is contrary to H and F’s statement.

2) Since the unused blade cited by C is 45 cm in length, 20 cm in width, 0 cm in thickness, and 0.1 cm in thickness, the Defendant was in a situation that may cause greater damage to C, and the Defendant, in order to escape from the situation, may restrain C’s assault except that he restrains other C on the upper part of C over the floor.