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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2018.05.03 2017노4386
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding or legal principles: (a) The Defendant, at the company toilet on the day of the instant case, did not pluck up or pluck up the victim’s hand, and did not pluck up the victim’s neck, and did not spaw off the part between the victim’s neck and chest while she was assaulted from the victim at the time, such as spathing, etc.; (b) the Defendant did not inflict an injury on the victim due to the above act by the Defendant, and (c) even if the victim suffered a minor injury, the Defendant

Even if the defendant want to leave the toilet, this constitutes a legitimate defense, which is a passive act of defense against an unjust attack, which is committed by the victim's unilateral assault, such as cutting down and cutting down the defendant's postline by force by forceing the defendant's postline.

Nevertheless, the judgment of the court below which convicted the charged facts of this case is erroneous by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment

B. In light of the various circumstances of this case’s sentencing unfair sentencing, the sentence that the court below sentenced against the defendant (the penalty amount of KRW 500,000) is too unreasonable.

2. Determination

A. (1) Determination of misunderstanding of the facts or misapprehension of the legal doctrine is based on the evidence duly admitted and investigated by the lower court, i.e., the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court: (i) the victim, from the investigative agency to the court of the lower court, divided his/her hand by plucking, plucking, plucking, and breaking his/her own hand

일관되게 진술하고 있는 점, ② 피해자는 이 사건 당일 저녁에 휴대폰으로 피고 인의 위와 같은 행위로 인해서 빨갛게 부어오르고 상처가 생겼다는 자신의 손목과 목 부위를 촬영하였고, 그 사진( 증거기록 제 20 쪽, 공판기록 제 22, 28, 29 쪽) 을 수사기관 및 원심 법정에 증거로 제출하였던 점, ③ 피해자는 이 사건 발생 일로부터 3일 후인 2016....

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