logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2016.10.27 2015노946
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the medical certificate of injury of D against the part of the injury to D (the fact-finding) and the photographs of damaged parts, etc., the completeness of D’s body is deemed to have been damaged by the wife of this case or to have been hindered in physiological functions. Thus, the above body constitutes “injury” in the crime of injury.

B. According to the consistent statement of C on the part of the injury to C (the mistake and misunderstanding of legal principles) and the written diagnosis of injury to C, etc., it shall be deemed that C was pushed up with C, and that C was pushed up with the Defendant is not incompatible with this part of the facts charged, and in fact, C was ordered to suspend indictment on the facts constituting the crime that C was pushed up with the Defendant, and therefore, the judgment of the court below which acquitted the Defendant of this part of the facts charged is erroneous in the misapprehension of facts.

In addition, in relation to the part of additional determination, unless there are special circumstances to reject the credibility of the written diagnosis of injury against C, it shall be deemed that the completeness of the C’s body was damaged or the physiological function was hindered, and it shall not be deemed that the Defendant’s act of pathing C’s hand constitutes legitimate self-defense or legitimate act as “minimum defense necessary to protect self-defense.”

2. Determination

A. We examine the part of D's injury, and examine the circumstances described by the court below in detail, and examine the fact that D's statement that D is the same as having received a prescription from a hospital in the court of original instance, but only the upper part of D's body was outside the hospital, and the court below determined that D's judgment cannot be viewed as an "injury" in the crime of injury on the grounds as stated in its reasoning is just and acceptable. Thus, the prosecutor's above assertion is without merit.

B. The following circumstances revealed by the records of this case as to the facts charged as to the part of the injury to C, i.e., the judgment of the court below.

arrow