(영문) 부산지방법원 2015.11.26 2015노2286 | 리걸엔진

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(영문) 부산지방법원 2015.11.26 2015노2286

상해

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The prosecutor's appeal is dismissed.

Reasons

1. In full view of the summary of the grounds for appeal, the statement by the Defendant and E, the circumstances at the time, the victim’s condition, etc., the Defendant’s act cannot be deemed as a case of passive defensive act and thus, constitutes an act lacking social reasonableness.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged on the ground that the Defendant’s act constituted self-defense is erroneous in the misapprehension of legal principles.

2. Around 23:00 on June 18, 2014, the Defendant: (a) refused the request for conversation from the victim D, who was dissatisfied with the conflict of opinion regarding the election of the president of the reconstruction association; (b) sought to return home; (c) however, the Defendant inflicted injury on the victim, by breaking the victim’s hand, making the victim go beyond the floor to prevent him/her from returning home, and by having him/her go beyond the floor, around three weeks of medical treatment.

3. The judgment of the court below

A. The evidence reveals the following facts.

① On June 18, 2014, at around 23:00, the Defendant parked in the parking lot of the Busan Eastdong-gu C apartment, Busan, and called “D and E” and called “A”.

The defendant refused to do so and entered the apartment entrance stairs.

② The Defendant was able to take the Defendant’s hand, E was able to take the Defendant’s hand, followed by D was fluencing her fluencies, and her fluencing her at the Defendant’s back, and her flusium was attached to the Defendant.

③ At this time, the Defendant spreaded D’s hand to left arms, and the Defendant was in excess of D’s hand, and was in excess of E’s day after the date.

(4) D had the head of the overcoming defendant kneeped with his/her arms, and faced with his/her arms.

B. Considering the following circumstances revealed in the above facts of recognition, the Defendant inflicted bodily injury on the Defendant by breaking the hands of D with his left arms.

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