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(영문) 춘천지방법원 강릉지원 2014.07.24 2014노152

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The abstract of the grounds for appeal shall not inflict any bodily injury upon the victim;

2. According to the evidence duly adopted and examined by the lower court, the Defendant’s attacked on the victim and avoided the victim.

The defendant's defense cannot be accepted since there are circumstances supporting the defendant's defense, such as that the defendant's above act was merely an act of assaulting the victim's face and shoulder by drinking the victim's face and shoulder, and that it constitutes self-defense. Thus, the defendant's defense of mistake of facts cannot be accepted.

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.