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(영문) 춘천지방법원 강릉지원 2018.12.13 2018노351
폭력행위등처벌에관한법률위반(공동상해)
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B shall be punished by a fine of 500,000 won.

Defendant

B.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (misunderstanding of facts) was wraped with the victim B, Defendant A and D left the fighting with the victim for a fighting with the victim B, and wraped the victim or wraped with the wall to the fighting. Defendant A and D did not inflict an injury on the victim jointly with C and D.

B. The prosecutor (misunderstanding of the legal principles) Defendant B’s scambling the Victim D’s timber and body is not a passive resistance but an active attack. As such, the illegality is not excluded as a legitimate defense or a legitimate act.

2. The following circumstances acknowledged by the lower court’s judgment as to the grounds for appeal by Defendant A and the evidence duly adopted and investigated by this court: (i) Defendant A returned to F store: (a) even though the victim was not actively attacked by the victim B at the time when Defendant A returned to F store; (b) the victim was employed, not D, despite the fact that the victim was pushed back to D by D; (c) the Defendant attached the victim to the victim so that the victim was prevented from getting out of the victim’s face; (c) the victim was able to prevent the victim from getting out of the victim’s face; (d) the victim was able to use the victim’s face without setting the victim; and (d) the victim was able to use the victim’s bridge and boom the victim’s bridge; and (d) the Defendant did not attack the victim after facing D’s face, but did not attack the victim.

It is reasonable to view it.

Defendant’s assertion is without merit.

3. In full view of the following circumstances acknowledged by the prosecutor’s grounds for appeal, Defendant B’s chest and body part of the victim D.

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