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(영문) 춘천지방법원 2018.07.20 2017노1098
상해
Text

The judgment of the court below is reversed.

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. The summary of the grounds for appeal did not injure the victim by assaulting him/her.

Even if the Defendant’s act of assault and the result of the victim’s injury is acknowledged, the Defendant saw the victim’s chest and neck to stop the victim’s act, and her fingered with the victim’s chest and neck to the effect that he would be able to capture the victim’s act. Thus, the illegality is dismissed as a justifiable act.

Nevertheless, the lower court erred by misapprehending the facts and misapprehending the legal doctrine.

2. According to the judgment of the court below and the evidence duly adopted and examined by this court, we can find that the witness’s statement on the fact that the defendant was seated with the victim in the situation where the defendant was in force with the victim is mutually consistent, and that the victim suffered the injury of the victim in the multiple scopic coordinate and the base of the base of the base of the base of the base of the base of the transport.

However, in full view of the following circumstances admitted by the above evidence, the defendant's act is deemed to lack illegality as a legitimate act that is reasonable to the extent permitted in light of social norms.

① Prior to the instant case, the victim was unable to find and satisfy in the lower office in blank of the D Association, and the Defendant satisfying the bat to keep the office on the day of the instant case first and the Defendant satch so that he could not get out of the office.

In the process, the defendant and the victim were the same, and the victim was next to the defendant at the time.

L's clothes were bleeped, and thereby, L's clothes were teared.

After these vagabonds, the Defendant was seated with the victim, and she got her part of the victim's neck and her hand in the process.

(2) The Defendant, from the body of the investigation, was unable to have the victim knife and continue so that he/she may file a petition against the victim on the part of the victim.

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