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(영문) 인천지방법원 2013.06.13 2013노71
상해
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The summary of the grounds of appeal is that the victim took photographs inside the hospital without permission for the purpose of informing the media of the interest of the hospital, thereby impairing the peace of the residence of the defendant, such as avoiding disturbance, and interfering with the business of the hospital, and exercised the force of force to control the victim out of the hospital to defend such infringement. Thus, this constitutes self-defense or legitimate act.

2. Determination

A. The summary of the facts charged in the instant case is working in Gyeyang-gu Incheon Metropolitan City DD Hospital with the eighth-dong D-dong, and working in the said hospital around March 7, 2012, around 09:41.

The victim E (the age of 56) demanded the copy of the medical set prepared by the victim to the defendant, but the defendant refused to do so and said that he would inform the above hospital of the corruption in the media while photographing the cambr, etc., the victim and the victim were injured by taking approximately seven weeks of treatment by taking the right scambling of the victim's body fighting, and taking the right scambling of the victim's body, which requires approximately seven weeks of treatment to the victim.

B. The lower court found the Defendant not guilty of the facts charged in the instant case where the evidence submitted by the prosecutor alone was insufficient to acknowledge the facts charged that the Defendant injured the victim, in view of the following: (a) the victim stated in the lower court’s court that “the Defendant was not deemed to have taken the victim’s birth, but the Defendant was believed to have taken the Defendant’s process; and (b) the Defendant did not appear to have taken the process of taking the victim’s appearance; and (c) there was no other evidence to acknowledge

However, according to the evidence submitted by the prosecutor, it can be recognized that the defendant, including the above facts charged, "a defendant spawns the body of the victim at a time and at a time, and a knife the body of the victim by hand," and in light of the course of this case and the degree of force exercised, etc., the victim is the victim.

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