(영문) 전주지방법원 2017.09.08 2017노747 | 리걸엔진

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(영문) 전주지방법원 2017.09.08 2017노747

상해

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles 1) The Defendant, while making a dispute with the victim B or F, was faced with the victims, and did not inflict any injury upon the victims at all.

However, the court below acknowledged the Defendant’s injury on the basis of the victim’s statement and medical certificate, but the victims made a false statement, and it is difficult to believe that the victims’ diagnosis was based on the victim’s statement, and rather, according to G’s statement, it is apparent that the Defendant did not inflict an injury on the victims. Therefore, the court below erred by misapprehending the legal principles.

2) Even if the Defendant, by exercising the force during the process of cooperation with the victims, sustained an injury to the victims by exercising the force, this constitutes a defense for the victims’ unfair infringement of legal interests, and thus, constitutes a legitimate defense, and the lower court erred by misapprehending the legal doctrine on the defense of a political party.

B. The sentence of the lower court (an amount of KRW 1,500,000) that is unfair in sentencing is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. On May 30, 2016, the Defendant: (a) 20:40 on May 30, 2016, on the front side of the Defendant’s house located in Yansan-gu, Yansan-si, the Defendant spited the Defendant twice on the part of the victim B (5 years of age); (b) 2 times on the face of the victim B; (c) 1 time on the part of the head of drinking house; (d) 1 once on the part of the Defendant’s house; (e) 58 years of age; and (e) 2 times on the part of the victim F (5 years of age); (e) 2 times on the part of the Defendant’s house located in Yansan-gu; and (e) 2 times on the part of the Defendant’s house, the Defendant spawned the victim B with the upper part of the victim’s wall that requires the victim’s treatment for approximately two weeks; and (e) 2 times on the part of the victim F.

B. Whether the defendant was injured by the victims or not is currently present in the relevant legal principles.

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