logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.05.29 2013노4145
상해등
Text

The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found all of the facts charged in this case guilty is erroneous or erroneous in misapprehending the legal principles as examined below.

(1) In the case of injury to the victim B, the Defendant intentionally walked or was not pushed off the victim B within the subway No. 4, and the Defendant and the victim B were only physically contacted with each other, and there was no bodily contact between the Defendant and the victim B, and the above physical contact constitutes a justifiable act that does not violate the social rules in light of the circumstances and degree of such contact.

(2) It is true that the Defendant’s injury to the victim E in the emergency room of the hospital would put his arms against the will of the Defendant, but it cannot be evaluated as an act under the Criminal Act, which is an act with the intent of assault or bodily injury, even if it is evaluated as an act under the Criminal Act. Even if it is evaluated as an act under the Criminal Act, the Defendant did not have the intent of assault or bodily injury. As the Defendant had experienced extreme pain by pressure from the victim E, it constitutes self-defense and constitutes self-defense.

(3) A violation of the Emergency Medical Service Act is merely a fact that the Defendant was able to give too severe pain due to chronic pressure in the above emergency room, and there is no justifiable reason to interfere with the diagnosis and treatment of the doctor and nurse without justifiable reason.

B. At the time of each of the instant crimes, the Defendant was in a state of mental disorder or mental disability due to the stroke, stroke, and stroke due to lack of water surface.

C. The sentence imposed by the court below on the grounds of unfair sentencing (the fine of KRW 5,000,000) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the case is examined by the court below, and the prosecutor goes against the judgment.

arrow