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(영문) 부산지방법원 2016.08.11 2016노993
폭력행위등처벌에관한법률위반(공동상해)
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

The summary of the facts charged in the instant case is the victim D ( South, 40 years old), victim E ( South, and 36 years old) will work after the passage of society. The Defendant and the co-defendant B of the lower court will work after the passage of society.

Around 02:15 on May 31, 2015, the Defendant and the co-defendant B of the lower court met in front of the “G” located in the Busan coastal Organization F, for the reason that the Defendants, who served as a customer, committed an act outside the restaurant and the victims assaulted Defendant B jointly with the Defendant on the ground that the Defendants, who served as a customer on the outside of the restaurant and the victims met the Defendant, did not want to see the victim’s arm’s length and left hand, and carried the victim’s left hand fat, and fated the victim’s fatt hand. Defendant B co-defendant B of the lower judgment fatd the victim’s fat, fating the victim’s fat, and fating the victim’s fat, fating the victim’s fat, and fating the victim’s fat and pushed the victim’s body.

As a result, the defendant and the joint defendant B of the court below jointly carried the victim D's surface of the right neck and left gate of the number of days of treatment to the victim D, and they inflicted an injury on the victim E on the left hand hand son and the tension that need to be treated for about three weeks.

Along with the summary of the grounds for appeal and the summary of the grounds for appeal by the lower court, the Defendant was only trying to avoid the appeal against D and E, and there is no fact that the Defendant inflicted an injury on D’s upper and left hand by cutting off D’s left hand and cutting off E’s left hand.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affecting the conclusion of the judgment.

misunderstanding of legal principles, even if the defendant inflicted an injury on D and E as stated in the facts charged of this case, it constitutes a legitimate defense as a passive defense to defend an unfair attack.

The punishment of the court below (the amount of 500,000 won) which is unfair in sentencing is too unreasonable.

The lower court’s determination is based on the evidence duly adopted and examined by the lower court.

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