(영문) 대구지방법원 2018.02.02 2017노3166 | 리걸엔진

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(영문) 대구지방법원 2018.02.02 2017노3166

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, misunderstanding of the legal principles and 1) In order to prevent the victim from taking a son’s hand in order to restrain his/her key to his/her vehicle, the Defendant did not take the victim’s hand, and scam his/her head by scaming the victim’s neck and scambling him/her.

2) Since the Defendant exercised force to defend the victim’s verbal abuse and assault, the Defendant’s act constitutes legitimate defense and thus, the illegality of the Defendant’s act is dismissed.

B. The sentence sentenced by the lower court (hereinafter “the penalty amount of KRW 1,00,000”) is too unreasonable.

2. Determination

A. The following circumstances, which are acknowledged by comprehensively taking account of the evidence duly adopted and examined in the lower court’s judgment on the assertion of misunderstanding of facts and misapprehension of the legal doctrine, namely, ① the victim had consistently placed the victim’s hand in the investigative agency up to the court of the lower trial, and caused the victim to have been faced with a head several times in the whites of the vehicle.

(2) After the occurrence of the case, the victim reported to the police immediately, immediately after the occurrence of the case, and immediately received a medical certificate of injury from the hospital, and (3) The above medical certificate of injury suffered injury to the victim, such as the elbow's elbow's elbow's elb's elb's elb's elb's elb's elb'

In light of the fact that it conforms to the statement on the background of the victim's injury, etc., it can be sufficiently recognized that the defendant has inflicted an injury by taking advantage of the victim as stated in the judgment below.

In addition, as stated in the judgment of the court below, the defendant's act of taking the victim's timber against the victim's head in a blurg shall be deemed to have the nature of an attack beyond the minimum extent of defense that can be recognized as a legitimate defense, and therefore, it shall not be deemed that the defendant's act constitutes a legitimate defense or a legitimate act.

Therefore, the judgment of the court below is erroneous or legal principles as alleged by the defendant.

유사 판례

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-대구지방법원 2017.07.05 2017고정535

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-광주지방법원 2018.10.18 2018노1223

-서울중앙지방법원 2018.10.18 2018노1771