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(영문) 서울동부지방법원 2013.11.21 2013노772
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal (fact-finding/legal scenario) was that the defendant was a person who committed an assault, such as threatening the other party's chest at the police investigation stage, and thus, although it can be recognized that the injury suffered by E was caused by the defendant's attack, the judgment of the court below which acquitted the facts charged of this case by misunderstanding the facts and affecting the conclusion of the judgment.

2. The decision of the court below held that ① while waiting for family members, the defendant alone satise D and E in which the body is satisfyed and satisfyed by the defendant alone, and ② D and E are highly likely to have reduced the harmful act to conceal her responsibility, ③ the injury suffered by E is highly likely to attack or fighting the defendant, and ④ even if the defendant's act as a domestic act causes bodily injury to E, it is reasonable in terms of social norms that the illegality of the act as self-defense can be excluded, and thus, the facts charged of this case was not proven or not guilty.

In addition to the following circumstances acknowledged by the evidence duly adopted and examined at the lower court, i.e., the Defendant: (1) was hospitalized in a hospital on September 23, 2012, and was performed under a general anesthesia on October 2, 2012 after he/she was hospitalized in the hospital on September 2, 2012, due to serious injuries in the alley, an alley, an alley, and an alley;

6. According to the medical examination of the draft of the doctor G, even if the Defendant suffered an injury due to consideration of D and E, it is indicated that the Defendant may suffer from post-treatment, such as sub-name, face-to-face, sub-name, sub-name, bladin, brue, booming, scoping, scoping, scoping, cutting off, scoping, cutting off, scoping, scoping, and scoping, etc. (in the investigation record No. 57).

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