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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울남부지방법원 2013.12.26 2013노1595
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. It is true that the Defendant, as stated in the facts charged of the instant injury and obstruction of performance of official duties, inflicted an injury on the victim C, a police officer, by shouldering the left-down of the victim C.

However, there was no fact that the Defendant did self-injury as stated in this part of the facts charged, and merely refused the demand of the Defendant to release clothes in the body search room, but the Defendant committed the above injury in the course of resisting the police officer’s unlawful performance of duties by plucking, plucking, breaking, and breaking the arms, etc., and thus, the Defendant’s act of injury constitutes a justifiable act or self-defense. Furthermore, even though the Defendant filed a complaint with five police officers including C, as stated in the facts charged of the instant accusation, the Defendant did not file a false complaint.

Nevertheless, the lower court convicted the Defendant of each of the facts charged in the instant case. In so doing, the lower court erred by misapprehending the legal doctrine on “political act” or “self-defense,” thereby adversely affecting the conclusion of the judgment.

B. Not on the basis of unreasonable sentencing

Even if the court below's sentence (one year of imprisonment) imposed on the defendant is too unreasonable.

2. Determination

A. The judgment of the court below on the assertion of mistake of facts and misapprehension of legal principles are as follows, in addition to the various circumstances that the court below legitimately adopted and investigated in the part of the "determination on the argument of the defendant and his defense counsel", and the following facts are acknowledged by the evidence duly adopted and investigated by the court below. In other words, the police officer C's statement by the police officer that the defendant engaged in coercion conduct, such as doing self-injury in the process of physical search (physical search) necessary for the admission into the detention room, and harming the defendant and taking over both arms to control it, is consistent from

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