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(영문) 수원지방법원 2019.08.22 2019노732
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles are limited to the victim's arms in order to defend the defects in which the victim intends to put the defendant on the left side, and there is no fact that the defendant gets left arms after the victim's left arms.

In addition, the injury suffered by the victim is due to the king, and there is no causal relation with the defendant's act.

Even if the defendant's act constitutes the elements of the crime of bodily injury, it constitutes self-defense.

Nevertheless, the lower court rendered a guilty judgment on the facts charged of this case. In so doing, it erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. The judgment of the court below 1 on the assertion of mistake of facts and misapprehension of legal principles has consistently made a statement at the investigative agency and court of the court below on the following grounds: ① “The defendant was at the time of the defendant's monthly salary, as a matter of long as the monthly salary between the victim and the President, and the victim was broken off with his shoulder, and at the time of the victim was strekeing the defendant's shoulder and strekeing the center of the defendant's shoulder. The defendant stated consistently to the purport that “The defendant left the victim's left shoulder by strekeing the victim's hand, and left hand behind the victim's left arms.” The defendant stated consistently in light of its content and attitude, credibility is recognized in light of its content and attitude, ② the victim complained of the defendant by leaving the left shoulder immediately after the instant case, and the victim complained of the 119 emergency vehicle by directly taking part in the operation of the patient's hospital, ③ The victim did not have any possibility that he could have taken part in the operation of the hospital.”

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