beta
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles do not have the fact when the victim was her son, and there is a fact that the defendant gets her hand against the victim's assault, but this constitutes legitimate self-defense or legitimate act.
The right knife of the victim's right knife is extremely minor and does not constitute the injury as referred to in the crime of injury, and there is no causal relation with the defendant since it was caused by the king disease of the victim.
B. The sentence imposed by the court below on the defendant (5 million won of fine) is too unreasonable.
2. Judgment on misconception of facts and misapprehension of legal principles
A. The written injury diagnosis submitted by the victim in the crime of injury by relevant legal doctrine is not sufficient as evidence to directly prove the fact that the injury as stated in the judgment below was caused by the Defendant’s criminal act after the doctor grasped the cause of the injury on the basis of the victim’s statement and stated the part and degree of the injury observed and judged by using medical expertise. However, if the date and time of the diagnosis as to the injury is close to the time and the time of the occurrence of the injury, there are no circumstances to doubt the credibility in the process of the issuance of the written injury diagnosis, and there is no special circumstance where the victim’s injury part and degree coincides with the cause and circumstance of the injury alleged by the victim, and unless there are special circumstances, such as the victim’s act of violence from a third party or the fact that the doctor prepared a false diagnosis report, the injury diagnosis report is serious evidence of the injury of the Defendant along with the victim’s statement, and its probative value cannot be rejected without reasonable grounds.
(see, e.g., Supreme Court Decision 2010Do12728, Jan. 27, 2011). (B)
The defendant in the original judgment and the party deliberation on the instant case is the case in the original judgment.