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(영문) 대구지방법원 2017.04.19 2016노4470
상해
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. A. A prosecutor 1) misunderstanding the facts (as to Defendant A), which partially caused Defendant A’s assault and thereby caused injury to B, the lower court found Defendant A not guilty of the part of the facts charged against Defendant A, which caused injury to B, thereby adversely affecting the conclusion of the judgment.

2) Illegal sentencing (for the Defendants), each sentence imposed by the lower court on the Defendants (a fine of KRW 1,500,000) is too uneased and unreasonable.

B. Defendant A’s sentence imposed by the lower court is too unreasonable.

(c)

Defendant

B The Defendant, while putting head debt on the floor, continued assaulted by A, such as facing head debt on the ground floor, and caused death from A, was put up by a quihion with A's hand in order to get out of A, and the Defendant's act constitutes a legitimate defense or a legitimate act due to an act that is reasonable in light of social norms.

Therefore, the lower court erred by misapprehending the legal doctrine that found Defendant guilty of this part of the facts charged, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. In light of the following circumstances, the lower court acquitted the Defendant of the part concerning the Defendant A’s assertion of misunderstanding of facts: (a) on the basis of comprehensive consideration of the results of inquiries into facts about the internal investigation report (section 7 of the record); (b) the F president of the lower court; and the president of G hospital; and (c) on the sole basis of the evidence submitted by the prosecutor, it is difficult to readily conclude that the Defendant had proved without reasonable doubt that he/she inflicted an injury on the number of days of treatment on the part of the Defendant that he/she caused an injury on the part of a baby of the days of treatment; and (d)

(1) As alleged in B, the defendant affix his head on the floor.

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