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(영문) 전주지방법원 2018.03.30 2017노1654
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as stated in the facts charged, did not have any fact that the part of the victim was sealed several times, and instead, the victim was injured by himself in the process of cutting the part of the Defendant’s ship to his own ship.

B. Legal doctrine misunderstanding of the legal doctrine, even if the Defendant had exercised the force of force against the victim, the Defendant’s act constitutes legitimate defense, on the ground that the Defendant’s act first fell under the victim’s right of defense, because the Defendant’s act is against the victim’s part on one’s own part, with the victim’s back as well as

(c)

The punishment of the lower court (one million won in penalty) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The written injury diagnosis submitted by the victim in the crime of injury by relevant legal principles is generally identified based on the victim's statement, and the part and degree of the injury, etc. of the victim who mobilized medical expertise to observe and determine the cause of the injury, and it is insufficient to directly prove the fact that the injury as stated therein was caused by the criminal act of the defendant. However, in a case where the date and time when the victim prepared the medical examination of the injury was close to the time and the time of the occurrence of the injury, there are no circumstances to doubt the credibility of the accident, and where the part and degree of the injury alleged by the victim coincides with the cause and circumstance of the injury alleged by the victim, barring special circumstances such as where the victim was discovered from the third party's assault, or where it was revealed that the victim prepared a false medical examination, the injury diagnosis report is serious evidence of the defendant's injury along with the victim's statement and it cannot be rejected without reasonable grounds (see, e.g., Supreme Court Decision 201Do1028, Jan. 27, 2011).

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