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(영문) 인천지방법원 2018.12.06 2018노1988
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of misunderstanding the facts or misapprehending the legal principles, the Defendant did not either commit the crime nor committed any other crime as stated in the judgment below.

There is a tangible power exercised by the defendant

Even if it is an act to oppose the unilateral and non-discriminatory assault of the victim, its illegality should be avoided as it constitutes a legitimate defense or legitimate act.

Nevertheless, the court below pronounced guilty on the defendant. The court below erred by misapprehending the legal principles on the establishment of a crime of injury or misunderstanding the facts, thereby affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (one million won a suspended sentence of one million won) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court and the lower court as to the assertion of misunderstanding of facts or misapprehension of the legal doctrine, it is reasonable to view that at the time, the Defendant used the same type of force as the facts constituting the crime as indicated in the judgment of the lower court with the intent to harm the victim at the time of the defense.

Therefore, the court below's decision that convicted the defendant in the same purport is just, and there is an error of misunderstanding of facts or misunderstanding of legal principles as alleged by the defendant.

subsection (b) of this section.

Therefore, this part of the defendant's argument is without merit.

(1) The credibility of a victim’s statement is recognized since the victim has consistently stated in detail and consistently with the background leading up to the defendant at the time from the investigative agency to the court of the original instance, the content of the type of evidence used by the defendant and the injured person, and the circumstances before and after the crime

② In the column for the medical certificate of injury submitted by the victim (Evidence 60 pages, 17 August 2017, 2017, the date of the diagnosis), the victim’s name (Clinical presumption) is indicated as “a salt and tension of climatic, salt and tension of climatics, and the left-hand shoulder.” Of them, the victim’s name is indicated as “the left-hand shoulder.”

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