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(영문) 청주지방법원 2016.04.22 2015노1061
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. On April 9, 2015, the Defendant was guilty of the instant facts charged to the victim E (PP) (PP) who was located there together with D on the alley-ro B lending C, Seocho-gu, Seocho-gu, Cheongju on April 18:30, 2015.

“After the water, the victim respondeded to 32 years of death, and the Defendant was faced with the Defendant, making a single price at the right eye of the victim due to the victim’s own drinking, and the victim was inside the left side of the two weeks of medical treatment and the boomed with the victim.

The Defendant laid down the knive knife of the Defendant’s knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife, and caused the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife, and caused the knife with the knife with the knife, and caused the knife with the knife with the knife with the knife.

2. Summary of grounds for appeal by the defendant;

A. In fact, misunderstanding of legal principles and misunderstanding of the victim D’s optical bones, the Defendant did not charge the victim with food, and the victim E’s knife knife knife knife knife knife knife knife knife.

The defendant's stone is recognized that the defendant gets off the left part of the victim E with a stone, but it is a legitimate defense that the defendant gets out of the situation where the victim cannot cover the felb.

Therefore, even though the facts charged in this case are all acquitted, the court below found all of them guilty, and the judgment below erred by misapprehending the legal principles on the defense of a party, which affected the conclusion of the judgment.

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