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(영문) 대구지방법원 2018.11.29 2018노3721
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts and legal principles) is determined by the lower court that there is no evidence to acknowledge the fact that the Defendant was knee and kneeing in the victim’s knee-wing or in his hand, but the victim consistently states the fact of damage from the investigative agency to the court of the lower court. Thus, this part of the facts charged can be found guilty.

In addition, the lower court determined that the part where the Defendant inflicted an injury on the part where the Defendant carried flaps of the victim’s flaps and cut off the left arms, it constitutes a legitimate defense. However, in view of the fact that the Defendant used assault, such as the Defendant’s use of knee and walking the victim’s knee and walking, etc., it cannot be deemed that the legitimate defense is established.

2. Determination

A. With respect to the facts charged of the part of the victim's knee and knee-wing or kne-wing by hand, the lower court reversed the victim's statement that "I am knee and kne-wing by kne-wing or kne-wing by hand," and that "I am kne-knee and kne-wing by the Defendant with kne-wing by hand, and kne-wing by hand, I am kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't k't k't k't k't k'

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