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(영문) 서울북부지방법원 2014.10.16 2014노654
상해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding 1) When requesting G to conduct the work of making the site of a parking lot for a pen operated by the Defendant smooth, the Defendant merely instructed the victim E to set up cement block between them on the parking lot site, and did not steals cement block with the intent of unlawful acquisition as stated in the facts constituting a crime in the judgment below. 2) The Defendant who suffered bodily injury did not inflict bodily injury on the victim by pushing the victim under the situation where the victim was left on the wall, as stated in the facts constituting a crime in the judgment of the court below.

B. In the course of restoring the parking lot function to the original state in order to prevent the victim from interfering with the Defendant’s business by stockpiling a fenced with the site of the parking lot, the Defendant’s act is merely a self-defense or legitimate act, and thus, the Defendant’s act does not constitute an unlawful act. 2) The part of each property damage portion is the Defendant’s wall installed in order to prevent the Defendant from interfering with the Defendant’s business with the KM and DM business, and the Defendant’s act was merely a self-defense or legitimate act, and thus, the Defendant’s act is not unlawful.

C. The lower court’s sentence (two million won of fine) imposed on the Defendant is too unreasonable.

2. Determination

A. The lower court also asserted that the Defendant was identical to the grounds for appeal in this part of the judgment of the lower court, and the lower court did not err by misapprehending the legal doctrine regarding the Defendant’s assertion in the part on whether to recognize the Defendant’s intention of unlawful acquisition.

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