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(영문) 대전지방법원 2014.02.20 2013노46

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. Comprehensively taking account of the evidence submitted by the prosecutor in the gist of the grounds for appeal, the court below erred by misapprehending the facts or by misapprehending the legal principles, which found the Defendant not guilty of the facts charged in this case as a passive defense, and thereby adversely affected the conclusion of the judgment, on the ground that it is sufficient to hold the Defendant liable for the injury resulting from assault and injury.

2. In a case where there is reasonable ground to the extent acceptable by social norms since it was merely an fluent passive defensive act that prevents the other party from committing an unfair act (Supreme Court Decision 92Do37 delivered on March 10, 1992). According to the evidence duly admitted and examined by the court below, the fact that the defendant has done a dispute over E, which is a fluence, by drinking alcohol, and the fact that F f f f f f f f f f f f f f f g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g f g g g g g g g g g g g g g g g g g g g

Ultimately, the prosecutor's above assertion is without merit.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.