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(영문) 광주지방법원 2019.10.01 2019노465
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the summary of the grounds for appeal (the factual error and the misapprehension of the legal principle), although it is reasonable to view that the defendant's act of causing bodily injury to the victim by cutting the victim's chest on the shoulder part constitutes an affirmative infringement of legal interests beyond the limit of passive defense, the court below erred by misapprehending the legal principles and thereby adversely affecting the conclusion of the judgment, although it is reasonable to acknowledge the legitimate act under Article 20 of the Criminal Act.

2. The lower court determined as follows based on the evidence duly admitted and examined: (a) the victim’s mother, the victim’s mother, leased Gwangju Mine-gu B and C (hereinafter “instant apartment”) to the Defendant on January 28, 2016; (b) around February 8, 2018, F and the Defendant paid KRW 22,00,00 to the Defendant by March 9, 2018; and (c) at the same time, the Defendant delivered the instant apartment by March 9, 2018; (d) the Korea Housing Lease Dispute Mediation Committee was adjusted to the effect that “F would deliver the instant apartment to the Defendant by March 9, 2018; (e) the victim suggested that the Defendant would continue to pay the remainder of the apartment deposit if it was delivered to the Defendant on March 9, 2018; and (e) the Defendant would have refused to pay the remainder of the apartment deposit to the Defendant, who was the buyer of the instant apartment, to the Defendant’s husband, the remainder of the apartment deposit.

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