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(영문) 창원지방법원 2016.11.10 2016노1673
상해등
Text

The part against Defendant A in the judgment of the court of first instance and the judgment of the court of second instance shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for one year.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) In relation to the judgment of the court below in misunderstanding legal principles, Defendant A committed a special injury against the victim. However, the above Defendant’s act is an act to defend the current infringement of self-determination or other person’s legal interests under Article 21 of the Criminal Act, and there is considerable reason for the Defendant’s act. Furthermore, the act of the above Defendant is at night and at night, and the act of defense due to fear, bad faith, entertainment, or confusion, is considered as an act of defense by the above Defendant’s act is relatively weak in danger, compared to the view used by the I, the electrical protection line operator used by the above Defendant is relatively weak in danger. Accordingly, the above act of the Defendant constitutes self-defense or excessive defense. In so doing, the court below erred by misapprehending legal principles as to this part of the charges, which affected the conclusion of the judgment, thereby affecting the conclusion of the judgment. The judgment of the court below’s judgment that found the Defendant guilty in the above case’s imprisonment with prison labor for one year and one year, respectively.

B. Each sentence (as above, Defendant A, Defendant I’s imprisonment with prison labor for one year, and two years of suspended execution) sentenced to the Defendants in the judgment of the court below of the second instance by the public prosecutor is unreasonable.

2. Determination:

A. Judgment on Defendant A 1) ex officio determination on the grounds for appeal by Defendant A and the prosecutor, prior to the judgment on the grounds for appeal by Defendant A and the prosecutor, the judgment of the first instance against Defendant A, and the judgment of the second instance against the Defendants, respectively, and the above Defendants were sentenced to the judgment of the first instance and the judgment of the second instance against Defendant A (hereinafter collectively referred to as “the judgment of the court below against Defendant A”).

In regard to the judgment of the court below, the prosecutor filed each appeal against the judgment of the court of second instance, and this court filed an appeal against the judgment of the court of first and second instance.

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