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The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment of innocence is publicly notified.
Reasons
1. The decision of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misapprehension of legal principles, even though it constitutes a legitimate defense, in the event that a person who suffered damage to the gist of the grounds for appeal is guilty of the facts charged of this case, even though he did not err by misapprehending the legal principles, in such a case where the defendant was found guilty of having inflicted an injury on the victim in the process of closing the windows, in a situation where the driver was cut to the driver's seat of
2. Determination
A. The summary of the facts charged in the instant case is the Defendant is the Defendant of C Kanf Trucking Vehicle, and the Victim D (49) was the E dump truck driver on January 6, 2016, driving each of the instant vehicles at the Intersection of Orpo-si in Gwangju-si, Busan-si, by driving around 12:20 on January 6, 2016.
In order to turn to the right, the victim reported that the defendant who was followed by the vehicle while waiting to turn to the left, and boomed the warning, and the boomed the warning, the defendant stopped the vehicle from the vehicle, followed the vehicle by the driver's seat of the defendant, followed the vehicle by the driver's seat of the defendant, and opened the door several times, and the door opened the window by drinking, which is not open to the door, and demanded the defendant to open the door.
Accordingly, the defendant was asked whether he was a son's day after opening the window, and the victim tried to catch the breath with open windows by putting the breath in them so that the defendant was able to do so, and the defendant continued to dump and open the window by hand under the situation that the defendant dump and fast down the window.
Accordingly, the defendant, after closing windows, caused the victim's hand to stick his windows, and then caused the victim's hand to a knife and a knife with a portable charging machine and a dangerous article 8.5 cm in length, which are 8.5 cm in the vehicle, and caused the victim's hand, etc. on a 20-day basis, which require fnife treatment for 2 weeks.
B. The lower court’s judgment is the means and method of the Defendant’s act compared to the means and degree of harm inflicted on the Defendant by the victimized person.