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(영문) 광주지방법원 2017.07.12 2016노4842

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant was assaulted first against the victimized person, and was acquitted due to a larger injury, but the lower court found the Defendant guilty of the facts charged in this case. In so doing, the lower court erred by misapprehending the facts.

2. In full view of the judgment and the victim’s legal statement and diagnosis, etc., the defendant sufficiently recognizes the fact that the defendant inflicted an injury on the victim. In light of the background leading up to the fighting of the defendant and the victim’s body, the part leading up to and degree of the victim’s bodily injury, etc., the defendant’s act is not merely an act to defend the victim’s unfair attack but cannot be seen as an act of attack, and thus, it cannot

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