(영문) 서울남부지방법원 2017.02.10 2015노933

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2017.02.10 2015노933

상해

Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not assault the victims, and even if the fact of assault was recognized, it constitutes a legitimate defense or legitimate act.

In addition, the injury claimed by the victims does not constitute the injury of the crime of injury, or do not have a relation to the assault by the defendant.

Nevertheless, the judgment of the court below which found all of the facts charged of this case guilty is erroneous.

B. The punishment sentenced by the lower court (the amount of KRW 300,000) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. According to the evidence duly adopted and examined by the court below and the court below, the defendant, by his hand, abused the face part of E at one time, and assaulted F at one time by drinking, is recognized.

B. In addition, the circumstances and circumstances before and after the instant crime acknowledged by the foregoing evidence, in particular, the Defendant assaulted E in advance, and told the Defendant and the victims of the fighting.

In light of the fact that the third party was misled as the victim and actively assaulted the third party, it is difficult to regard the defendant's act as a legitimate defense or a legitimate act.

(c)

However, in full view of the following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the trial court, the victims suffered injuries due to the Defendant’s assault was proven beyond a reasonable doubt.

Therefore, the judgment of the court below which found the Defendant guilty of all the charges of this case is unlawful, and the Defendant’s assertion of mistake as to this point is with merit.

(1) It is recognized that E has been diagnosed on the day of the instant crime by each of the following facts: (a) the light fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral f

She, however, in the case of E and F, visit the hospital on the day of the instant crime to conduct the said diagnosis.

유사 판례

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