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(영문) 대전지방법원 2018.04.12 2017노2868
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles) is that the defendant inflicted an injury on the victim with the intent to attack the victim during a dispute with the victim, so the defendant's intentional act is recognized, and the defendant's act cannot be deemed as an act that has considerable reasonableness to allow the defense of the party or social norms.

2. Determination

A. The judgment of the court below held that the victim suffered bodily injury by plucking, plucking, plucking, and plucking out the victim's pluck, while making a horse dispute with the defendant, with his left hand, and booming the defendant's breath with his boomed hand. The court below stated that the victim suffered bodily injury by plucking, plucking, and plucking out the victim's pluck, and that the victim tried to defend the victim's pluck, and that part of the victim was plicked and plicked.

It is difficult to see that there was an intentional injury to the defendant.

In addition, it is difficult to see the Defendant’s act as a passive resistance to defend himself from an unjust attack, and it is reasonable to see that the Defendant’s act constitutes a legitimate defense or an act that has considerable probability to be permitted under the social norms and thus, constitutes an unlawful act, and thus, the Defendant was acquitted on all the charges of this case.

B. Examining the judgment of the court in comparison with the records of this case, the above judgment of the court below is just and acceptable, and contrary to the judgment of the court below, there were errors in the misapprehension of facts and the misapprehension of legal principles as alleged by the prosecutor.

subsection (b) of this section.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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