상해
The defendant's appeal is dismissed.
1. The summary of the grounds of appeal is as follows: (a) the Defendant only committed passive resistance by setting up against the assault by the victimized person and removing the injured person’s hand from his own her own neck; and (b) the Defendant did not have committed assaulting the injured person by putting his clothes under the bones of the victim’s shock with his hand, such as putting them in front and rear scamsing, etc.; (c) thus, the lower court found the Defendant guilty of the facts charged of this case to have erred by misapprehending the facts and adversely affected
2. Determination:
A. The lower court determined that the Defendant’s act was not merely a passive defensive act, but also has the character as an attack, with regard to the Defendant’s and defense counsel’s assertion that it constitutes a legitimate defense, even if there was an assault against the Defendant against the victim, and thus, constitutes an act to defend the victim’s unfair injury and constitutes a legitimate defense.
Since the above argument cannot be seen as a legitimate defense, it is rejected and found guilty of the facts charged of this case.
B. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, the judgment of the court below that held the defendant's injury by assaulting the victim as stated in the facts charged of this case is just and acceptable, and there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment by misunderstanding the facts.
As such, the defendant's assertion cannot be accepted.
1) The victim consistently states his/her damage from the investigative agency to the court of the court below. However, the victim is investigated as a witness by the police as the instant case.