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(영문) 춘천지방법원 2018.05.18 2017노624

상해등

Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by a fine of one million won.

Defendant

A.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) The Defendant was not guilty of assaulting B or inflicting an injury on B.

2) misunderstanding of the legal principles, even if the Defendant had exercised tangible power to B

Even if this is the arrest of a flagrant offender, the legitimate act, and the defense of a political party, the illegality is dismissed.

B. Defendant B (1) The Defendant did not commit any act of damage, bodily harm, or assault against A, and there was no intention of damage in the event of damage to his mobile phone on August 22, 2016.

2) The sentence of the lower court that is unfair in sentencing (2 million won) is too unreasonable.

2. Judgment on Defendant A’s assertion

A. On August 21, 2016, the summary of this part of the facts charged is as follows: “The Defendant, at around 22:30 on August 21, 2016, made the Victim B (V, 41 years old) and talk at the Defendant’s home located in 22:30 on August 21, 2016, the summary of this part of the facts charged is as follows.

"Abreing the shoulder by hand, the victim's head and tension with the wall, etc. with his/her hand, brupted the victim's neck, walking the victim's body several times, walking the victim's body on the floor, and moving the victim out of the entrance by forced towing the arms out of the entrance, leading the victim into the outside of the entrance, and tightly over the floor, the victim sustained an injury, such as chills, tensions, etc. for about two weeks in need of treatment.

“....”

2) As evidence that seems to correspond to the above facts charged, B’s legal statement in the lower court and the investigative agency’s statement, injury diagnosis report, etc. are included.

In full view of the circumstances as seen below, the defendant committed an act of assaulting the above temporary border B's timber and tight head and others against the wall. However, in excess of this, the defendant committed another act of assaulting the B's timber or moving it out of the door, and then embling it over the floor, and such a series of assaulting.