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(영문) 울산지방법원 2013.08.30 2013노442
상해
Text

The judgment of the court below is reversed.

The sentence of sentence shall be suspended for the defendant.

Reasons

1. The summary of the grounds of appeal is that the defendant, while fighting with the victim at the horse with the victim due to the payment of insurance premium, was shaking the victim's head, and the defendant was also aware of the victim's head, corresponding to the victim's head, and the defendant's act has the nature of an attack going beyond the passive defensive act against the victim. Thus, the defendant's act does not constitute legitimate self-defense or legitimate act. However, the court below acquitted the defendant of the facts charged in this case on the ground that the defendant's act constitutes legitimate self-defense or legitimate act. Thus, the court below erred by misapprehending the facts

2. The summary of the facts charged in the instant case is the insurance solicitor of the Company D, and the victim E (Inn, 34 years old) is the person who operates his clothes with the trade name “H” from Ulsan-gu G, Ulsan-gu, Seoul-gu, with F as the person of this service.

On July 2, 2012, the Defendant, at around 13:50 on July 2, 2012, inflicted bodily injury on the victim, such as flags, flags, flags and tensions, which require medical treatment for 14 days on the part of the victim.

3. The judgment of the court below, based on the evidence adopted and examined by the court below, found that the defendant and the victim, and F did not know that the victim would cancel the insurance contract due to the payment of the insurance premium, and that the defendant, who caused the defect, committed assault against the defendant by putting the defendant's body body in hand, with the victim's clothes "to sell low clothes in person", putting him in knife and shaking his clothes in front of the clothes, and the victim was skeing the defendant's body knife with the defendant's body knife, knife the defendant's body knife with the defendant's body knife, knife the defendant's body knife, knife the defendant's body knife, and knife the defendant's body knife.

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