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(영문) 대구지방법원 2017.07.05 2017노915
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles, the defendant did not lead the defendant to the outside of the management office, and did not have any flabbing and pushing the victim's clothes, and the defendant's act constitutes a legitimate defense or legitimate act due to an act that is reasonable in light of social norms.

Therefore, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (an amount of two million won) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged based on the evidence duly adopted and examined by the lower court, the lower court’s determination on misunderstanding of the facts and misapprehension of the legal doctrine: (a) fully recognized the fact that the Defendant inflicted bodily injury on the victim by cutting down and pushing the bridge of the victim.

(1) In the E Apartment Management Office where the defendant resides, the defendant requested the victim, who is the head of the management office, to remove a notice stating the delinquency in paying his/her water rate, and the victim will be in favor of the chairperson of the tenant representative meeting

At the same time, there was a dispute between the defendant and the victim because the notice was not removed.

② The Defendant tried to flick, flick, and flick, and flick, of his own Defendant’s flick, and the Defendant tried to flick, carried the clothes on the chest side of the victim’s chest, carried the flick with his left arms, cut the flick door into the door of the apartment management office, and flicked the Defendant in front of the apartment management office.

The argument is asserted.

On the other hand, the victim, first of all, flapsed by the defendant, flapsed with the entrance door, and tried to catch the victim's hand and roots, but flapsed with the victim.

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