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(영문) 인천지방법원 2017.07.07 2016노2697
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not have used violence against C as stated in the lower judgment.

B. Although some of the acts stated in the facts constituting a crime in the judgment of the court below is recognized by misunderstanding the legal principles, it constitutes an act that does not violate the legitimate defense or social rules under the Criminal Act by merely a passive defensive act committed by the defendant to resist the violence of C.

(c)

Even if the sentencing is found guilty against the defendant, the sentence of the court below (one million won penalty) is too unreasonable.

2. Determination

A. The following circumstances, which can be acknowledged by comprehensively taking into account the facts revealed in each evidence duly adopted and investigated by the original court and the trial court, are consistent in the investigation agency and the court of the original court; ② the contents of the written diagnosis of injury in the preparation of doctor H correspond to the victim’s statement: (a) the injury described in the criminal facts in the judgment of the original court and the victim’s statement that “the defendant has plundered or broken down the left hand of the defendant’s own hand,” and (c) the witness E was the final state when the court of the original court “if the defendant left it, it was completed.”

When the victim was seen as a victim, the victim continued to hold his/her hand and her arms free.

하며 손을 부여 잡고 있었고, 피해자의 멱살 부분의 살갗이 빨갛게 되어 있던 것을 보았다.

The injured is plucking up and plucking up by the injured.

was made.

In light of the fact that the victim took a relatively detailed testimony about the victim's status at the time of attendance following the following day, it can be recognized that the Defendant had inflicted bodily injury on the victim as stated in the judgment.

Therefore, the defendant's assertion of mistake is rejected.

B. Determination on the misapprehension of the legal doctrine, the victim C exercised some tangible power against the Defendant.

Even if the judgment of the court below and the trial are legitimate.

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