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(영문) 대전지방법원 2018.09.13 2018노556
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of the facts and misapprehension of the legal principles (e.g., destruction of property) 1) The Defendant was aware that the Defendant installed a sidewalk on the land owned by the Defendant by the victim E with a view to preventing this from being installed, and thus, it constitutes a legitimate defense or legitimate act.

2) In the case of injury, the Defendant only took care of the victim G as a Gmansium and prevented the Defendant, and did not commit assault or bodily harm to the victim G.

B. Improper grounds for the lower court’s punishment (1.5 million won in penalty) is too unreasonable.

2. Determination

A. In the lower court’s determination on the Defendant’s misunderstanding of the facts and misapprehension of the legal doctrine, the Defendant argued to the same effect as the grounds for appeal in this part. According to the evidence in its holding, the lower court convicted the Defendant of all the facts charged on the ground that: (a) the Defendant was found to have inflicted injury on the victim G; and (b) the Defendant’s act of walking another’s sidewalk installed on another’s land without taking legal procedures does not constitute legitimate defense

Examining the judgment of the court below and the court below in comparison with the evidence duly adopted and examined, the judgment of the court below is just and acceptable, and otherwise there is an error of law by misunderstanding of facts and misunderstanding of legal principles as alleged by the defendant in the judgment below.

(1) The victim E in the land owned by the defendant, such as the defendant's assertion, erroneously installed news bubble on the land owned by the defendant.

Even if the act of walking a sidewalk without undergoing legal procedures is difficult to be considered as a legitimate defense or a legitimate act.

(2) The statements made by the victim G investigative agency and the court of original instance in relation to the injury are generally consistent, specific, and circumstances.

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