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(영문) 울산지방법원 2016.11.10 2016노1116

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds of appeal is that the Defendant did not either nor embling the victim as stated in the facts charged, and even if there was a fact that the victim was injured by the exercise of the Defendant’s tangible force, this constitutes self-defense or legitimate act committed in the course of defending the victim’s attack.

Nevertheless, the judgment of the court below which convicted the defendant of the facts charged is erroneous in misconception of facts and misapprehension of legal principles.

2. In full view of the following circumstances based on the evidence duly adopted and examined by the court below, namely, the victim specifically stated in the investigation agency about the content of the damage as stated in the facts charged, the victim's injury part and degree also correspond to the victim's statement, and the method and degree of exercising the physical force of the defendant, which can be confirmed through CCTV images, it can be sufficiently recognized that the defendant inflicted an injury on the victim as stated in the facts charged, and it is reasonable to view that the above act of the defendant has the nature of active attack beyond a mere defensive act, and therefore, it cannot be viewed as self-defense or legitimate act.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.