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(영문) 대법원 2015.04.09 2015도1874

상해

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. According to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal may be filed against the judgment of the court below for the reason that the judgment of the court below affected the conclusion of a serious mistake of facts, only in cases where death penalty, life imprisonment, or imprisonment with or without

Therefore, in this case where a more minor punishment is imposed, the argument that the defendant was not guilty of having injured the victim or of having injured the victim is not a legitimate ground for appeal, and is not a legitimate ground for appeal.

Furthermore, even if examining the record, the lower court did not err by misapprehending the legal doctrine as otherwise alleged in the ground of appeal.

2. In addition, in light of all circumstances such as the circumstances of this case acknowledged by the record, it is difficult to view the defendant's act as self-defense or legitimate act, and it is justifiable for the court below to reject the defendant's assertion as to the defendant's legitimate act on the

3. Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.