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(영문) 수원지방법원 2020.02.06 2019노2776
상해
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The summary of the grounds for appeal is that the defendant, at the time of the instant case, displayed the defendant's face, who was wearing the victim, thereby spreading the victim's drinking. In that process, the victim's hand, etc. was injured. Thus, the defendant did not have any intention to injure the victim.

Even if the intention of injury is recognized, the above act of the defendant constitutes an emergency evacuation or self-defense and thus, illegality is excluded.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case. In so doing, it erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged in this case is a person who operates a certified judicial scrivener office.

On July 4, 2018, at around 17:30, the Defendant: (a) claimed the cancellation of the building owned by the Victim C (71) within the “A certified judicial scrivener office in Suwon-si B and 2, Suwon-si, Suwon-si; (b) and (c) requested the cancellation of the building; (c) however, the victim was able to be able to be able to have approximately three weeks of medical treatment with the Defendant’s hand-to-be.

B. The lower court found the Defendant guilty on the ground that the Defendant’s act does not constitute an emergency evacuation or self-defense, and on the ground that the Defendant’s act does not constitute self-defense, in light of the following: (a) it is reasonable to deem that the victim’s statement in the investigative agency and the court of the lower court’s trial is consistent with its contents; (b) it is judged that the victim’s statement in the investigative agency and the court of the lower court is sufficiently reliable, and

C. In light of the spirit of the principle of substantial direct deliberation adopted by the Korean Criminal Procedure Act, the appellate court, as a witness of the first instance trial, is the credibility of the statement made by the witness.

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