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(영문) 수원지방법원 2013.05.02 2013노502
상해
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The grounds for appeal (the factual error) asserts that the defendant's act constituted self-defense under Article 21 of the Criminal Act and thus, the judgment of the court below that found the defendant guilty of the crime of bodily injury is erroneous in the misapprehension of facts and affected the conclusion of the judgment, since the victim C first takes the defendant into wild, flab and flab, and flads the defendant's flab, thereby escaping from the victim.

2. The judgment of the defendant also recognizes the fact that the defendant 4,5 balance of 4,5 balance of the account that requires a victim's treatment for approximately two weeks by shouldering the left-hand fingers of the victim, and thus, the defendant's act constitutes self-defense under Article 21 (1) of the Criminal Act is the issue of this case.

In full view of the evidence duly admitted and examined by the court below, it is recognized that the victim, who had materials at the site of the construction site, has been decomposed by the defendant, was at the site of the construction site, the victim, who was fright by drinking alcohol and returned to the construction site, led the defendant to the site of the construction site, and led the defendant back to the site of the construction site. The victim, at all times, flabed the defendant's flab, and flabed the parts of the defendant's flab, and turned down several times, and the victim did not have any damage other than the above left part of the victim.

In addition to the above facts of recognition, a victim who is young and young and has a large float may easily suppress the Defendant during drinking, and the Defendant was unable to escape from the Defendant’s float, but did not get out of the victim’s force, taking full account of the following: (a) the Defendant was able to escape from the victim’s float; (b) the Defendant was float; and (c) the Defendant was float of the victim’s float; and (d) the Defendant was able to escape from the victim.

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