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(영문) 창원지방법원 2016.01.07 2015노1751
상해
Text

2. Judgment of the court below is reversed.

Defendant

A is not guilty. The summary of the judgment against Defendant A is publicly notified.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. Defendant C1) In fact, Defendant C did not have the left-hand head part of Defendant A, and rather, Defendant C did not assault Defendant A in addition to Defendant A’s shoulder part in order to defend it. However, Defendant C suffered injury by taking advantage of the left-hand head part of Defendant A’s left-hand head part and the left-hand side part of Defendant C’s left-hand side.

The court below erred by misapprehending the facts and affecting the conclusion of the judgment.

The argument is asserted.

2) Defendant C asserts that the sentence of punishment imposed by the lower court (2 million won) is too too unreasonable.

B. Defendant A (1) misunderstanding of fact) was unilaterally assaulted by Defendant C, but Defendant A did not commit an assault by Defendant C, but otherwise, Defendant A suffered an injury by taking advantage of the left-hand visual part of Defendant C and the left-hand son.

The court below erred by misapprehending the facts and affecting the conclusion of the judgment.

The argument is asserted.

2) In the misapprehension of the legal principle, Defendant A exercised tangible power against Defendant C.

Even if this is the case’s unilateral assault by Defendant C, and thus, constitutes a legitimate defense, the lower court erred by misapprehending the legal doctrine that found Defendant C guilty of this part of the charges, thereby adversely affecting the conclusion of the judgment.

The argument is asserted.

2. Determination as to Defendant C’s assertion of mistake of facts

A. The Defendant in this part of the facts charged and A had been aware of about 10 years of age while serving as a geographical engineer at the same company (D). As a result, A was unable to serve as a geographical engineer due to the recent outbreak of brain flasing, and thus, A’s owned E 11.5 tons of cargo vehicles to F was not in good relationship with the Defendant in the course of trading them with F.

On October 17, 2014, the Defendant: (a) around 19:35, in front of the H restaurant located in Changwon-si G in Changwon-si, Masan-si; and (b) A was to start to start the test at the lower level.

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