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(영문) 수원지방법원 2017.12.22 2017노3882
존속상해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The defendant does not pay the above fine.

Reasons

1. The summary of the grounds of appeal 1) The Defendant, by mistake of the facts, did not inflict an injury on the victim, such as the satisfying of the victim’s head, and the satisfying of the bones, etc., constituting the satisf.

Rather, the husband of the defendant

E assaults a defendant who was suffering from the victim's head and became the victim together with the defendant, and the victim suffered injuries, such as a pellet, in the above process.

2) The Defendant’s defense of a political party or the act of a political party is the victim’s head debt collection to defend the victim’s head debt by taking the victim’s head debt first, and thus constitutes the defense of a political party or the act of a political party.

3) The sentence of the lower court that was unfair in sentencing (one million won in penalty) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

At the trial of the party, the prosecutor applied for amendments to the indictment with the content that “I see the head debt by putting the head debt, see the body of the victim by drinking, hand, and scambing the body of the victim” in the indictment No. 2-3 of the indictment. The prosecutor applied for amendments to the indictment with the content that “I am scambling the head debt and scambling the body of the victim by scambling the body of the victim,” and this Court

Therefore, the judgment of the court below cannot be maintained.

However, although there are grounds for reversal of authority above, the defendant's mistake of facts, legitimate defense, or legitimate act's assertion is still subject to the judgment of this court, and this is examined.

3. On August 28, 2016, the summary of the facts charged in the instant case is as follows: (a) the Defendant, at the Defendant’s house located in Sungnam-si C and 502 around 08:30 on August 28, 2016, was assaulted against the victim D (e.g., 55 years of age) on the ground that he/she was found together with his/her employees and acted in his/her house on the ground that he/she was fluoring with his/her home, and that he/she was fluoring his/her head.

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