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(영문) 춘천지방법원 2018.07.13 2017노710
상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The defendant does not pay the above fine.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, who misleads the Defendant of the fact, did not open a door to have the victim interfered with it, and caused an injury to the statement in the medical certificate due to the exercise of the instant tangible force.

shall not be deemed to exist.

B. Political act or the defense of a political party is a legitimate act or the defense of a political party, since the defendant committed an act of political party or committed an attack by preventing the injured party from getting on the vehicle, etc.

(c)

The punishment of the court below (one million won) which is unfair in sentencing is too unreasonable.

2. Determination

A. Fact misunderstanding 1) The Defendant opened a door to the victim, and the Defendant, who was knee in the driver’s seat, was faced with the victim’s knee kne in the direction of the driver, and thereafter the victim complained of pain by getting the victim under the vehicle.

The argument is asserted.

However, in full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below and the court below, it is difficult to believe the above assertion by the defendant, and it is recognized that the victim was spawn in the glass door of the defendant's vehicle and the defendant was pushed the door of the vehicle.

(1) The victim closed the doors in the currency with the first police officer on the date of the occurrence of the instant case, and the victim, while opening the door, tried to open the door, has gone beyond the floor because the defendant was pushed down on the side of the driver’s seat.

Since each police investigation, investigation of the police by the defendant and the victim on June 13, 2016, and open windows held in the statement of the court below are consistently stated to the effect that the defendant's key to the defendant was put beyond the door by opening the door.

② In the first telephone with the above police officer, the victim stated that “the defendant tried to close the door and the victim tried to open the door, and the defendant opened the door.” The victim was above.

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