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(영문) 인천지방법원 2018.07.27 2018노747

The defendant's appeal is dismissed.


1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles 1) The Defendant unilaterally assaulted the victim, and did not exercise violence against the victim.

The facts charged in the instant case did not specify at all the method of exercising violence by the Defendant.

2) The injury suffered by the victim is the injury suffered in the course of generating the Defendant’s house or assaulting the Defendant, and it is not clear that there was no connection with the Defendant’s act and actually suffered the injury, and it does not constitute an injury under the Criminal Act, which does not require any particular treatment.

The defendant's act constitutes a passive defense that is a legitimate defense.

B. The punishment sentenced by the lower court (the penalty amount of KRW 500,000) is too unreasonable.

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

A. Comprehensively taking account of the evidence duly adopted and examined by the lower court, the following facts can be acknowledged.

1) The Defendant and the victim did not have any space between the Defendant and the victim (Defendant: Bupyeong-gu, Incheon E, 102 Dong 504 (F apartment), and the victim: Bupyeong-gu, Incheon E, 102 Dong 505 (F apartment))).

피해자는 2017. 7. 8. 18:00 경 술에 취한 상태로 피고인의 집 문을 발로 걷어 찼다.

2) 그 후 피고인과 피해자는 G가 거주하는 위 1) 항 기재 아파트 102동 508호에 들어가 서 로 욕설을 하고 밀치고 넘어져 같이 뒹굴고 발길질을 하였다.

G reported the defendant and the victim to the police.

3) On July 10, 2017, the victim was diagnosed with the pains, right scare, and knee knee’s pains at L Hospital.

The victim did not receive treatment separately in addition to the prescription of drugs at the above hospital.

B. According to the above facts of recognition, it can be recognized that the defendant inflicted bodily injury upon the victim as stated in the facts charged.

The type, degree, and victim of the violence of the defendant and the victim revealed in the above facts of recognition.