(영문) 청주지방법원 2016.01.21 2015노1203 | 리걸엔진

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(영문) 청주지방법원 2016.01.21 2015노1203

상해

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The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. In fact, misunderstanding of the legal principles and misunderstanding of the defendant were assaulted by the injured party, and the eyebrow was teared, and there was only a fact that the injured party was sealed, and there was no assault or bodily injury as stated in the facts charged.

The defendant suffered a call lease with the victim's hand while the victim was pushed a victim.

Even if the victim's act is a legitimate defense.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. On July 23, 2014, the Defendant: (a) around 20:55, around the monthly period when the Defendant and the victim D (59 years of age) carried together with the Defendant in Jincheon-gun, Chungcheongnam-do; (b) went together with the victim, and went over the floor by breaking the victim’s chest part by making two descendants one stop; (c) the Defendant took three parts of the victim’s left hand, taken three times in number, taken two parts of the victim’s side, taken twice in number; and (d) took two parts of the side, taken two parts of the victim’s right side and face from the floor in order to avoid this continuously, and 2-3 parts of the victim took part in treatment (five days of hospitalization, six-four days of daily treatment, etc.) for at least three weeks, resulting in an injury on the left part of the victim, such as the closure of the victim’s finger part, etc.

B. The lower court’s judgment: (a) the statement of the victim is consistent; (b) the Defendant’s assertion or the victim’s assertion are different in the course of expressing the victim’s objection against the victim’s behavior; (c) according to the Defendant’s statement, the Defendant may re-examine the scene of the occurrence of the case or take another person and assault another person; (d) the victim was under operation and treatment at the hospital from the following day of the occurrence of the case at issue; and (e) the victim was under a different place.

유사 판례

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