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(영문) 수원지방법원 2015.11.10 2015노2191
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant;

A. misunderstanding of facts or misunderstanding of legal principles is the victim B who raised a divorce lawsuit and the application for prohibition of access, and the defendant did not have any intention or awareness that he would exercise the force of force against the victim.

Inasmuch as the injured party’s wife suffered as stated in the facts charged does not receive treatment, it does not constitute an injury under the Criminal Act, since it does not interfere with daily life even without being treated, nor can it naturally be cured due to the passage of the time.

The Defendant’s act constitutes self-defense or legitimate act, since the Defendant and the victim met with the victim for the purpose of protecting himself/herself and attending work properly in the workplace, and the Defendant’s act was only self-defense or legitimate act.

Nevertheless, the court below erred by misapprehending the legal principles as to the crime of injury and self-defense or legitimate act, thereby finding the Defendant guilty of the facts charged.

B. The lower court’s sentence imposing a fine of one million won on the grounds that the sentence is too unreasonable.

2. Determination

A. (1) In full view of the following circumstances that can be acknowledged by the evidence duly admitted and investigated by the lower court, the lower court’s judgment convicting the Defendant of the instant facts charged is justifiable, and there is no error as otherwise alleged in the grounds of appeal.

(1) The statement of a victim is consistent and concrete from an investigative agency to the court of the court below, and in particular, the situation in which the defendant or his/her horse or dispute occurred in the street near the Ethacheon Terminal located in Ethacheon-dong, and the process in which the defendant gets a drinking to the victim, the process in which the victim gets a driver away from the defendant, and the defendant gets a cab and then the Yecheon-si Ho-si Eup in Ethcheon-si.

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