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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2016.12.23 2016노4026
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal and the defense counsel clearly stated that “the defendant appealeds on the grounds of fact-finding and unreasonable sentencing, and the assertion of misapprehension of legal principles is withdrawn” on the first trial date in the appellate trial.

However, in light of the last statement of the defendant immediately after that, it seems that this is the purport of withdrawing only the remainder of the assertion except the part of self-defense among the arguments of misunderstanding legal principles.

In light of the legal principles and misunderstanding of facts, the Defendant committed indecent act by compulsion and assault against the victim D and the victim who prevented him from being on the street at the time of the instant case, which led to the occurrence of indecent act by compulsion and assault by force, etc. by the victim, which led the victim once again during the resistance period, but there was no fact that the victim was injured by it, and this constitutes self-defense as it is for the purpose of defending unfair infringement.

B. The punishment of the first instance court on the unfair sentencing (the fine of 500,000 won) is too unreasonable.

2. Determination:

A. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the first instance court as to the assertion that the victim did not have any injury, it is sufficiently recognized that the victim's chest part of the victim's chest that the defendant transferred to the child at the time of the instant case was kneee and the victim gave approximately two weeks of treatment to the victim.

Therefore, this part of the defendant's argument is without merit.

㈎ 평소 피고인은 노점상을 운영하는 문제로 주변 상가의 보안요원인 피해자 등과 마찰이 있었고, 이 사건 당시에도 그러한 문제로 피해자와 실랑이가 있던 중 화분을 옮기고 있는 피해자의 가슴 부위를 무릎으로 1회 가격하였다.

㈏ 피해자는 이틀 후인 2015. 12. 7. 용인시 수지구 소재 G병원(구 H병원)에서 상해진단서를 발급받았는바, 상해의 원인이...

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