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(영문) 대구지방법원 2018.04.13 2017노4576
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal 1) The fact that the Defendant intruded the victim's shoulder and arms without permission on his house, and brought the victim out of the house.

However, in the process, there is no fact that the victim was injured by the victim or led the victim, and there is no fact that the victim was injured by the same injury as the facts charged.

The judgment of the court below which found the defendant guilty of the facts charged in this case on the basis of the statements of the victim with no credibility is erroneous, which affected the conclusion of the judgment.

2) Even if there was an injury to a victim during the process of bringing the victim out of the house, the illegality of inducing the victim who intruded without permission by the defendant to his/her own residence constitutes a legitimate defense, and thus, is dismissed.

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

2. Determination 1) Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court regarding the assertion that there was no injury, the fact that the Defendant inflicted an injury on the victim, as described in the facts charged, can be sufficiently recognized.

① As to the facts of the instant damage from the investigative agency to the court of the court below, the victim consistently states that “after the dispute with the Defendant was settled, the victim entered the Defendant’s house to obtain drinking water from the Defendant’s wife, and the Defendant later changed the victim’s blick part to the blick, and led the victim’s blick part to the lower part to the lower part to the lower part.”

② The victim was hospitalized in the I Hospital on the day of the instant case.

On October 19, 2016, when the victim was hospitalized, the diagnosis report on the injury of the victim on October 19, 2016 is as follows: “Woman’s salt and tension, urine and tension, brain-dead salt and tension, salvine, salvine and salvine, salvine and arms.

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