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(영문) 광주지방법원 2013.10.04 2013노1594
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal is that the defendant's act of assaulting the victim to inflict an injury is beyond the reasonableness of the act of defense and is not self-defense, and it cannot be deemed that it constitutes excessive defense due to fear, light, entertainment, or confusion in the night or under other extraordinary circumstances and cannot be punishable. However, the judgment of the court below which acquitted the defendant of the facts charged of this case is erroneous in the misunderstanding of legal principles, which affected the conclusion of the judgment.

2. Examining the evidence duly adopted and examined by the court below after comparing it with the records, the judgment of the court below that acquitted the defendant on the facts of this case on the ground that the defendant's act of displaying the defendant's son, who is merely seven years of age, was an excessive defense that cannot be punishable under Article 21 (3) of the Criminal Act, and that the defendant's act of exposing the defendant's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son'

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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