(영문) 부산지방법원 2018.04.05 2018노230 | 리걸엔진

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(영문) 부산지방법원 2018.04.05 2018노230

특수상해

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In the process of cutting off the knife cited by the victim by the Defendant, the victim was only knife in the knife, and there was no intention to injure the victim.

2) The Defendant’s act of misunderstanding the legal doctrine constitutes a legitimate defense because the Defendant’s act committed an act to defend the safety of his body from the injured person booming with the victim, thereby constituting a legitimate defense.

3) The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. 1) The lower court’s determination on the Defendant’s assertion of misunderstanding of the facts reveals the following as follows: in light of the following: (a) the victim’s specific and consistent statement consistent statement consistent with the facts constituting the crime, the physical difference between the Defendant and the victim; (b) the victim’s career engaged in organized violence; and (c) the part and degree of the victim’s injury inflicted on the Defendant at the time of the instant case, which was found in the convenience store operated by the Defendant, whose physical size the victim was smaller than himself/herself; and (d) the victim was knife with a knife knife and knife knife knife

The defendant's assertion was rejected on the ground that the above criminal facts can be sufficiently recognized, considering the following facts: (a) the victim did not seem to have been seen; (b) the victim suffered approximately 25 cm in length on the side side side gate; (c) the victim received hospitalized treatment for 18 days by suffering some of the 18 days in depth; and (d) the victim's blades claimed by the defendant were not deemed to have occurred in the process of cutting off the victim's knife; and (b) the defendant paid 700,000 won in the victim's hospital expenses.

2) In light of the evidence duly admitted by the lower court, a thorough examination of the lower judgment is conducted.

유사 판례

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-광주지방법원 2015.11.11 2015노2011

-인천지방법원 2013.02.15 2012노2968

-부산고등법원(창원) 2020.12.23 2020노209

-서울북부지방법원 2017.07.12 2017고단347