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(영문) 춘천지방법원 2012.10.31 2012노377
상해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The grounds of appeal filed on July 20, 2012 after the expiration of the period for filing the grounds of appeal are examined only to the extent of supplement in case of supplemental appellate brief.

The victim D had the upper condition when the left shoulder of the defendant's left side due to provoking, and cut down the Defendant's engine-ridingr. On the right upper part of the defendant's right chest, the defendant was unable to prevent the defendant from leaving the defendant due to the shoulder part of the victim's shoulder, and the victim was pushed over with the defendant. The defendant was in a state where the defendant was not able to get the victim not to be able to be able to get the victim, and the defendant did not have the intention to inflict an injury on the victim. The defendant's act against the victim constitutes a legitimate act of self-defense or a legitimate act.

B. The Prosecutor’s sentence of the lower court (the fine of KRW 300,000) is too unhued and unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the court below on the grounds of appeal by the defendant, the defendant stated in the police that "the defendant was able to k's hands by mutual studio, and the location at that time was then pushed back by the back of the lower court (the defendant). By doing so, as the head is turned back to the center, Category D (victim) was turned back to the body, and as the body was turned back to the center, I turned back to the lower court with D (victim). The transitioned to the lower court." The police stated that D was "I was in the front floor of the house, and it was in the lower condition." It was hard to say that C (the defendant) was in the form of knifeing D's chest with the body, and that D (victim) was in the form of knifeing D's chest."

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