(영문) 인천지방법원 2016.10.28 2016노2019 | 리걸엔진

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(영문) 인천지방법원 2016.10.28 2016노2019

상해

Text

The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The defendant above.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts: (a) Defendant 1 merely flaged the victim B, which was flaged against the Defendant; and (b) the victim’s wife was flaged. Nevertheless, the lower court’s judgment convicting the Defendant of this part of the facts charged was erroneous by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment; (b) even if it is not so, the Defendant’s act constitutes a passive resistance against the victim’s harmful act, which constitutes legitimate self-defense or legitimate act.

3) According to the evidence submitted by the prosecutor of mistake of facts, according to the court below’s sentence of unfair sentencing (1.5 million won of fine) sentenced by the defendant, the defendant suffered an injury to the victim’s right-hand waleging waleging waleging wale.

Nevertheless, the judgment of the court below which acquitted the defendant of this part of the facts charged is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

2. The above sentence imposed by the court below on the defendant is too uneasible and unfair.

2. Determination

A. According to the judgment of the court below and the evidence duly admitted and examined by the court below as to the defendant's assertion of mistake of facts and misapprehension of legal principles, the defendant, as shown in the judgment of the court below, has a quier who would have sold the defendant's hand and damaged the victim's hand, as well as the victim's hand. As examined below, the victim can sufficiently be recognized that he suffered bodily injury, such as the right-hand fright abandonment, etc. as follows. Accordingly, the defendant's act is an act of attacking against the victim's defense against the victim's legal interests, and it also contains the nature of the act of attacking against the victim's act of attacking against the victim's legal interest, and it violates social rules.

유사 판례

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