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(영문) 서울중앙지방법원 2021.01.14 2020노1900
상해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 500,000.

The above fine shall not be paid by the defendant.

Reasons

1. The gist of the grounds for appeal is that there is no fact that the victim was the subject of the defendant's opening, and the defendant was only sealed to defend the victim against unjust attack, which constitutes a legitimate defense, and thus there is no illegality.

Nevertheless, the police did not conclude that the defendant actively attacked the victim by carrying out an investigation in favor of the victim.

Despite these circumstances, the judgment of the court below which convicted the defendant of the crime of bodily injury is erroneous by misunderstanding the facts or misunderstanding the legal principles.

2. Comprehensively taking account of the evidence duly adopted and examined by the court below, the defendant and the victim maintained a clean relationship on the day of the instant case, in particular, the fact that the victim was exposed to divers of fertilizer, which caused the defendant to display a diversity, and the defendant and the victim immediately left the body fighting, and received a divers of the victim's dog, and the victim was divers of the defendant's dog, and the victim was divers of the victim's dog, and the victim was dives of the victim. As a result, the victim was divers of the victim's livers and the right side and the right side side side dives of the victim, and the defendant was able to recognize the fact that the victim was investigated into dives open to the left side part of the victim's hivers and the victim's hives requiring three weeks medical treatment, and the fact that it was sufficiently different from the police investigation at the stage of the police investigation (this is also acknowledged.

In light of the above facts, the victim first threatened the defendant and the victim's assault was more severe than the defendant's assault.

Booths shall be Booths.

However, the perpetrator's act.

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