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(영문) 서울중앙지방법원 2020.04.10 2019노3953
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

In fact, it is true that the defendant misjudgments the gist of the grounds for appeal and misapprehension of the legal principles (the case of the original trial 2019 order3259) 7 times the face of the victim K. However, the injury such as the loss of the victim is not caused by the above violence of the defendant, but by the defendant's loss of the victim, it is not caused by the above violence of the defendant.

In addition, the defendant's act of excluding fingers is an emergency evacuation to avoid the present danger of the victim and the illegality is excluded.

The punishment sentenced by the court below of unfair sentencing (one year and four months of imprisonment) is too unreasonable.

Judgment

As to the assertion of mistake of facts, the defendant is deemed to have suffered injury such as loss of the victim's face (specificly, "loss of the right side of the bad, loss of the right side of the bad, and change of the right side of the bad," and "the injury of this case" hereinafter) by committing about seven times the part of the victim K's face.

The victim stated in the police and the court below that the victim suffered the injury of this case in response to the face face of the victim.

On the other hand, the victim made a statement that he shouldered the defendant's strict finger in the police, and the court below stated that he shouldered the defendant's strong fingers with his left shoulders in the court of original instance.

According to the death diagnosis report, the victim stated on March 11, 2019, which was after the date of the injury, that he suffered the injury by others after receiving medical treatment from the dental hospital of the Seoul National University, and that he suffered the injury.

However, in light of the following facts and circumstances revealed by the evidence duly examined by the court below, it is difficult to believe the victim’s statement that the victim suffered the injury of this case due to the victim’s face face, and even if other evidence submitted by the prosecutor were taken, there is no reasonable doubt that the defendant suffered the injury of this case in consideration of the victim’s face.

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