logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2012.12.20 2012노537
상해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (based on factual errors or misapprehension of legal principles) recognizes the fact that the defendant spawned the victim D's grandchildren and spawned once, but there is no fact that the victim suffered injury by having the victim spawned, and the defendant's act constitutes legitimate act which does not constitute self-defense or contravene social rules.

2. First of all, the judgment on the grounds of appeal is examined as to whether the defendant injured the victim or not, and the evidence duly adopted and examined by the court below and the court below found that the victim attached the defendant and demanded the defendant to park the vehicle of the defendant equally. The defendant expressed the victim's desire to do so, and has come back immediately after the injured party's fingers, and the victim received treatment on December 11, 2010, which is the day following the date of the occurrence of the case. The doctor H of the above hospital diagnosed the victim's symptoms as "the salute on the part of the 1 balance between the 1 balance and the salute between the salute and the salute of the salute" requiring the victim's treatment for about three weeks. Since the occurrence of the case in this case, the facts that the victim did not suffer the above injury until the victim was found to the above hospital can be acknowledged. In light of these facts, it is reasonable to deem the victim's injury caused by the act of the defendant.

Next, the defendant's act does not constitute self-defense, in order to constitute self-defense, or in order to constitute self-defense, it must be an act of defense against the present unfair infringement. The defendant's act, which the victim's loss occurred, cannot be seen as a mere act of defense.

In addition, in order to recognize a legitimate act, the legitimacy of the motive or purpose of the act as well as the reasonableness of the means or method of the act, and the benefit and protection of the law and the benefit of infringement.

arrow