(영문) 수원지방법원 2018.12.12 2018노4002 | 리걸엔진

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Reasons

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(영문) 수원지방법원 2018.12.12 2018노4002

상해

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant did not inflict any injury on the victim, and the victim took a reply to insult the Defendant in F, thereby continuing to infringe on the legal interest of the Defendant. At the time of the instant case, not only the victim but also three males in the front of the Defendant, and attempted to go out of the said situation in an unstable situation by creating a letter letter in the front of the Defendant, and thus, the Defendant’s act constitutes legitimate defense or excessive defense, and thus, the illegality of the Defendant’s act is dismissed.

Nevertheless, the judgment of the court below which convicted the defendant is erroneous in the misapprehension of facts.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 500,000) is too unreasonable.

2. Determination

A. First of all, as to the assertion that the Defendant did not inflict an injury on the victim, the following circumstances revealed by the evidence duly adopted and investigated by the court below, namely, ① the victim filed a complaint with the investigative agency on July 12, 2017, which was 2 days after the date of the occurrence of the instant case, with the Defendant as assault, and submitted the diagnosis certificate issued by the hospital on the day of the instant case, and the court below stated that the victim suffered an injury by assault from the Defendant, ② the victim was aware of the fact that the victim was invaded several times; ③ the victim visited the hospital on the day of the instant case, ③ the victim’s diagnosis letter of injury that the victim visited the hospital on the day of the instant case, “the name of the disease: (or (or (or (or (or (or (or (or (or)) the name of the disease; (b) the cause of the injury; (c) the cause of the injury; and (d) the degree of the injury by the other hand and the other hand and the injury by the victim; and (d) the third-4m-4m level and left-hand-4m level.

re. Minor parts and holess are observed on the right side of 3 and 4, and patients are on the left side of the water and on the bridge.

유사 판례

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