상해
The defendant's appeal is dismissed.
1. Summary of the grounds for appeal by the defendant and his defense counsel (misunderstanding of facts and misapprehension of the legal principles) lack of evidence to acknowledge the injury of the victim C, and even if so, the victim suffered the injury.
Even if the above wife does not receive treatment, there is no obstacle to daily life even without being treated, and the above wife can be naturally cured following the passage of the time, so the defendant's act does not constitute the crime of injury under the Criminal Act.
The defendant's act constitutes legitimate defense, since he is closely involved in the process of responding to violence by a victim.
Nevertheless, the lower court found the Defendant guilty of the facts charged of this case and erred by misapprehending the legal doctrine on the defense of a political party, thereby adversely affecting the conclusion of the judgment.
2. According to the following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., ① the victim’s body photographs and the victim’s medical records records, it is reasonable to deem that the damaged body was restored to the victim’s body for a considerable period of time. Even if the victim did not receive medical treatment, it is difficult to view the damaged body naturally as being cured due to the lapse of time without any impediment in daily life, and the victim suffered injury at the court below. ② The defendant also recognized the fact that the damaged body was damaged at the court below. ③ While the defendant raised a dispute with the victim in the state prison, the defendant first spited the victim with the victim, while the defendant spited and spited the victim in the process of spiting the victim’s body, and then the victim did not have any physical form other than spiting the victim’s body, the fact that the defendant inflicted injury on the victim as stated in the facts charged can be sufficiently recognized.