(영문) 대전지방법원 2018.03.22 2017노2609 | 리걸엔진

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(영문) 대전지방법원 2018.03.22 2017노2609

폭력행위등처벌에관한법률위반(공동상해)

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant, in collaboration with D, did not inflict an injury by assaulting the E’s hand in order to speak that the E assaults assaults the Defendant’s father’s son, and did not injure the E’s head, skeing, or photographing the face.

B. misunderstanding of legal principles 1) Injury suffered by E is an injury under the Criminal Act to the extent that it can be naturally cured depending on the passage of time.

2) Even if the Defendant’s act constitutes assault or injury to E, it was unilaterally assaulted by E.

Since it constitutes a legitimate defense as an act to protect D, illegality is excluded.

(c)

The punishment sentenced by the court below (700,000 won) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court as to the assertion of mistake of facts, the Defendant may fully recognize the fact that the Defendant inflicted an injury by assaulting E as stated in the facts charged in the instant case.

This part of the defendant's assertion is without merit.

1) “E” stated consistently from the police investigation to the court of the court below that the Defendant was able to see his head and face jointly with D, with D.

2) On October 27, 2015, after the instant crime was committed, E was diagnosed and treated under the name of C, such as “the damage of the character of a variety of gykes, the gylle and snow, and other impairment of the character of gykes around snow, gylle and snow, and other impairment of the character of gykes and gykes of gykes, gykes, checks, and other gykes and gykes of gykes,” and was diagnosed and treated under the name of C.

3) On the E’s photograph taken by a police officer immediately after the instant crime, the upper part of the face, such as the left side of the face and the finger hand, shall be observed.

4) The Defendant and E will be the city guard at the time of the police investigation.

참조조문

-형법

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