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(영문) 부산지방법원 2017.02.02 2016노2013
상해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The defendant does not pay the above fine.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles only unilaterally committed an assault against the victim, and there was no assault against the victim. Even if the defendant had physical contact in the course of resisting the victim's assault, this constitutes a passive resistance and constitutes legitimate defense, and the victim suffered bodily harm by the defendant's act.

Although it cannot be seen, the lower court erred by misapprehending the legal doctrine or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The punishment of a fine of one million won sentenced by the lower court which was unfair in sentencing is too unreasonable.

2. Judgment on the misapprehension of the legal principle or mistake of facts

A. On December 12, 2014, the Defendant: (a) around December 14:30, 2014, the charge of the instant case was committed against the victim E (the 54-year old-old) and the Defendant, who used a scambling for the use of the scambling system in the Jung-gu Busan, Jung-gu, Busan; (b) on his hand, the Defendant carried out a shoulder, shoulder, scambling that requires approximately two weeks of medical treatment by scambling the victim’s shoulder, shoulder, scam, and arms.

B. (1) The following circumstances are revealed through the judgment of the court below and the evidence duly adopted and investigated by the court below as to the existence of a assault crime and the defense of a political party: (i) the victim consistently met with the defendant from the police to the trial of the party, and (ii) carried out physical fighting with the defendant, and (iii) the body of the defendant and the defendant are sealed.

A statement is made; ② The defendant also made a statement in the police as to the situation at the time when the victim and the trial were set up due to the first storm of the police, ② "the victim was set at time by the victim's hand against the person who was pushed down with the defendant's timber, and the victim was set at hand in order to set up against the defendant's timber and then down the victim."

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