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(영문) 창원지방법원 2017.11.01 2017노2205
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of legal principles 1) The victim did not have any particular treatment after being abused by the defendant, and was engaged in his occupation immediately, and only stated a pain against the victim in the diagnosis form, and thus, the victim’s wife suffered cannot be deemed as “injury” in special crime of injury.

2) The Defendant, while engaging in a dispute with the victim, was the victim, and the victim was spokeed with a spokeed fish so that it was a defensive act against it, and thus, constitutes a legitimate defense or excessive defense.

B. Sentencing

2. Determination

A. As to the assertion of misapprehension of the legal doctrine, the following circumstances revealed by evidence duly adopted and investigated by the relevant lower court, namely, ① the Defendant’s head was at the time of the victim’s head due to the so-called so-called so-called “injury,” and the Defendant stated that the Defendant was at the time of the victim’s head due to the so-called so-called so-called so-called “satisf,” but, in full view of the Defendant’s statement at the investigative agency and the lower court’s statement and the witness’s statement at the investigation report and the degree and degree of the injury

(2) At the time, the victim’s face was asked at the time, and sent back to the hospital by 119 report, and ③ the victim claimed two copies, donation, etc. of the hospital on March 3, 2017, which was seven days after the date of the occurrence of the instant case, and the victim claimed two copies, donation, etc. of the hospital on March 3, 2017, which was seven days after the date of the instant case, and the name of the medical certificate on the said date indicated as “the first one with no open two parts,” and ④ the above medical certificate was forged or falsely prepared.

Comprehensively taking account of the absence of evidence, it is difficult to see that the wife suffered by the Defendant is a minor to the extent that it does not require medical treatment, and it is reasonable to see that the wife constitutes “injury” in the crime of special injury.

Defendant

The argument is without merit.

2) The witness K’s legal statement and the defendant’s examination results in the trial of the political party as to whether the political party’s defense or excessive defense is met.

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