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(영문) 대구지방법원 2018.06.22 2016노4967
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (as to the crimes of mistake and misunderstanding of the legal principles, 2016, 41) is as follows: (a) the Defendant did not inflict injury on the victim F; (b) did not interfere with the business operation of hospital E in the victim E hospital by force; and (c) the Defendant committed a passive resistance to prevent the transfer of the Defendant’s mother to another hospital; and (d) thus, it is not unlawful as a legitimate defense or legitimate act.

Nevertheless, the lower court convicted each of the above facts charged and erred by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

2. Of the facts charged in the instant case, the lower court convicted each of the Defendants on the charge of not guilty, interfering with duties, and injuring the Victim F.

Since the defendant appealed only for the guilty portion on the ground of mistake of fact and the non-guilty portion that the prosecutor did not appeal is separate and finalized upon the expiration of the period of appeal, the court shall decide to judge only the guilty portion of the judgment of the court below.

3. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., the victim of the damage by the chief of the prime office of the E hospital: (i) from the investigative agency to the court of the court of the court below, the Defendant had been suffering from the disturbance several times in relation to the treatment of the Z; and (ii) had been engaged in the duties, such as taking sound on the day of the instant case; and (iii) the transfer of the Z was determined due to the Defendant’s remaining birth and talk; and (iv) in contrast, the Defendant interfered with the operation of the Z by interfering with its operation, with his arms or her boom.

The fact that the above hospital services and State services have been stated specifically and consistently, and the above hospital services and State services I also stated to the same effect as the above F in the investigation process and the court of original instance.

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