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(영문) 광주지방법원 2015.08.13 2015노14
상해
Text

The judgment of the court below is reversed.

The sentence against the accused shall be 500,000 won.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. Although there is a fact that the defendant in mistake of facts shows the victim's view, there is no causal relationship between the defendant's act and the victim's injury, since such degree cannot be caused by a satisfy in the table of the diagnosis on the medical certificate.

B. In light of the legal principles, the Defendant merely took the view of the victim in the process of guiding the victim to prevent the victim from assaulting his/her children, and the Defendant’s act constitutes a justifiable act under Article 20 of the Criminal Act

C. The lower court’s sentence of unreasonable sentencing (fine 1,00,000) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the prosecutor applied for changes in the indictment to the effect that "I see the victim's view, see the victim's view, see the left part on the hand floor, see the victim about two weeks of treatment, I am scambling the inside, and scambling the victim about two weeks of treatment." The prosecutor applied for changes in the indictment to "I ambling the victim's view, and I am scambling the victim on the part of the number of days of treatment." Since this court permitted this, the judgment of the court below was no longer maintained.

However, the judgment of the court below has such reasons for ex officio reversal.

Even if the defendant's assertion of misunderstanding of facts and misapprehension of legal principles is still subject to the judgment of this court.

3. Judgment on the mistake of facts and misapprehension of legal principles by the defendant

A. In full view of the following facts admitted by the lower court as to the mistake of facts and the evidence duly admitted and examined by the lower court and the lower court, and each of the circumstances inferred therefrom, the facts that the Defendant committed an assault by leading the victim’s view, and the proximate causal link between such assault and the injury of the victim is also acknowledged.

G, the father of the victim, is the date of the case in the court below.

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