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(영문) 서울중앙지방법원 2016.04.29 2016노339
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court did not err by misapprehending the legal doctrine, or by misapprehending the legal doctrine, that the Defendant inflicted an injury upon the victim.

Even if the injury was inflicted, the injury was inflicted.

Even if the victim was on the day of the instant case

B In the election of the manager and the operating member of the building management group, illegal election such as registering F, etc. as a candidate for the registration of the candidate for the manager, etc., which resulted in the occurrence of victims during the process of preventing such election, the act of a political party or defense of a political party shall be excluded or the responsibility shall be excluded.

B. The punishment of the lower court is heavy.

2. Determination

A. Comprehensively taking account of the evidence examined by the lower court as a whole, the following facts and circumstances are recognized.

The fact that the defendant, like the defendant, has inflicted a quiquitable injury on the victim can be recognized based on this.

As the defendant asserts, the victim was unlawfully elected.

Even if it is reasonable to exercise physical power to prevent this, it is reasonable to exercise physical power.

Therefore, the defendant's act cannot be seen as a justifiable act or a legitimate defense.

(1) At the investigative agency and the court of the court below, the victim suffered the injury of this case, with the wheels of the victim's face on the day of this case.

Comparedly, this paper consistently states.

② On the day of the instant case, the closed circuit (CCTV) video (hereinafter “video”) is marked on the day of the instant case.

According to the above, it is confirmed that the victim coming from the corridor towards the corridor of the election campaign office on the day of the instant case is the defendant's right side by protruding away from the victim's left hand and the right side of the victim's left part, and immediately after that, the victim returned to the side of the defendant, and only the head of the body is confirmed.

(3) The degree and degree of the injury verified by the victim’s medical certificate of injury submitted by the victim, or by photograph taken of the victim’s part of the injury on the day of the instant case, shall be identical to that confirmed by the victim’s horses and images.

(b).

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