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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2017.11.13 2017노1260
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court found the Defendant guilty of the instant facts charged, even though the Defendant was under dispute with the victim that was less vulnerable to the victim, the lower court erred by misapprehending the legal doctrine on the facts of the instant case, even though the Defendant did not have exercised the same tangible power as the indicated in the instant facts charged, thereby adversely affecting the conclusion of the judgment.

B. A political party act or a political party defense defendant's act is deemed to be permissible in light of social norms as a legitimate act or passive resistance, and thus, its illegality is excluded.

2. Determination

A. In full view of the following circumstances revealed by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the fact that the Defendant inflicted an injury on the victim as stated in the instant facts charged can be sufficiently recognized.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is just and there is an error of law by misunderstanding the facts as pointed out by the defendant and affecting the conclusion

Therefore, this part of the defendant's assertion is without merit.

① Examining the contents of CCTV images recorded at the time of the instant case, it can be confirmed that the Defendant was able to bring the victim into the Orala by having the victim enjoying humfs, which is also consistent with the part and degree of the injury as indicated in the written diagnosis of injury to the victim.

② The victim’s block and blick belt are consistent with the Defendant’s above acts. The victim was diagnosed on May 25, 2016 by finding a hospital at which six days have passed since the date of the instant accident, but the victim was diagnosed as the blick base. However, the blick blick blick blick blick blick blick blick blick blick blick blick blick blick blick c

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