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(영문) 대전지방법원 2014.06.12 2013노2640
상해
Text

The judgment of the court below is reversed.

The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

Reasons

1. The summary of the grounds for appeal is that the defendant was faced with knee-knee-knee-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kn's face and eye-kne-kne-kne-kne-kne-kn, etc.; although the defendant's act constitutes self-defense, even if it is found that the defendant's act constitutes self-defense and thus constitutes self-defense, the court below erred

2. Determination

A. On January 15, 2013, the Defendant and the victim A (Nam, 62 years old) of the facts charged of the instant case entered tourism by using a new tourist bus with the first day of January 15, 2013.

In the vicinity of the Geumcheon-gun Park in the Geumcheon-gun, the bus was temporarily on the defendant's E bus due to the breakdown in the vicinity of the Geumcheon-gun, Chungcheongnamcheon-gu, Daejeon-gu, Daejeon-gu.

On January 15, 2013, at around 20:10, the victim landed from a bus and resisted against the defendant again. While the victim took time expenses each other, the victim suffered bodily injury, such as a spathal of the infant who needs to receive approximately four weeks of medical treatment, spathal, spathal salt, tension, etc. in need of medical treatment for about three weeks of the defendant's side 4 to 5 times of drinking and elbow.

The Defendant, against this, kneeing the victim with kne and kneing, kneeing the kne, kneing the face and snow part with two fingers, kiding the head, chest, shoulder, etc. with both drinking, followed up the victim with approximately two weeks of treatment.

B. The lower court determined that: (a) adopted each legal statement, diagnosis, damage photograph, etc. of A and F as evidence; and (b) recognized the facts charged of the instant case; and (c) used the Defendant against A’s assault to assault and assault A at the same time as the defensive act.

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