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(영문) 서울중앙지방법원 2020.07.24 2019노3471
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal (the factual errors and misapprehension of legal principles) is that the victim made a knee and knee knee kne and knee knee knee knee knee knee kne and kne kne knee knee knee knee knee knee knee, so that the victim can knee knee knee and knee knee knee knee knee knee knee knee kne, and the victim's knee kne knee knee knee knee kle kle kne,

In addition, the injury suffered by the victim is a possible natural therapy in light of its father's condition and degree, and it does not constitute an injury under the Criminal Act.

Nevertheless, the court below found the defendant guilty has erred by misunderstanding of facts and misunderstanding of legal principles.

2. Determination

A. To recognize a certain act as a self-defense, the act must be reasonable to protect the present infringement of one’s own or another’s legal interest.

(see, e.g., Supreme Court Decision 2003Do3606, Nov. 13, 2003). Injury in the crime of injury means that the injury causes the completeness of the body of a victim or the impairment of physiological functions.

In the event that there is extremely minor circumstance accompanied by violence and there is no difficulty in natural therapy and daily life due to the lack of treatment, it does not constitute the injury of the crime of bodily injury. However, this is premised on the same degree as the wound that is ordinarily likely to occur in the daily life even if there is no assault. Therefore, if the wound exceeds such degree is caused by violence, it constitutes injury. In addition, whether the physical integrity of the victim was damaged or the physiological function was hindered is hindered, objective.

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