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(영문) 대구지방법원 2014.04.10 2013노3236 (1)
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant in violation of the Punishment of Violences, etc. Act (joint injury) is merely milching after the victim’s head was milched in order to prevent the victim from taking away from the victim, and does not cause assault or injury to the victim.

There is no illegality that the defendant's act constitutes self-defense or an emergency evacuation.

The court below found the defendant guilty of this part of the facts charged.

B. The Defendant did not have the same remarks as the facts charged.

On February 12, 2012, defamation has no public performance as an event at the victim's home.

The court below found the defendant guilty of this part of the facts charged.

2. Determination

A. In full view of the evidence duly adopted and examined by the court below in violation of the Punishment of Violences, etc. Act (joint injury), the following circumstances are recognized.

The victim consistently stated from the investigative agency to the court of the court below that the defendant committed an assault by cutting down the victim's head's head's head's debt and breath with C along with C.

At the investigation agency and the court below consistently stated that the defendant was able to catch and trace the victim's head debt together with C in the investigation agency and the court below.

The victim was diagnosed at the hospital on the day of the instant case that he suffered both spambry, spambry, and sponse base and sponse base, which require approximately two weeks of treatment at the hospital.

Comprehensively taking account of the above circumstances, credibility in the statement of the victim is recognized and the defendant has inflicted an injury by assaulting the victim with C along with C.

As stated in the judgment of the court below, the victim took the head of C in the same day as his/her hand and her fingers were written. However, according to the evidence mentioned above, it is recognized that the victim was sexually victimized by C, such as taking the head debt from C, and is recognized as the date of setting up against it.

The assault against the victim by a defendant shall be against him.

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