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(영문) 창원지방법원 2017.10.18 2017노1123

상해

Text

The defendant's appeal is dismissed.

Reasons

misunderstanding the substance of the grounds for appeal and misunderstanding the legal principles, the defendant did not assault the victim's face by taking his/her head into consideration, and the victim did not suffer an injury on the left side of the victim.

The above injury is caused by perfection that has been suffering by the victim.

Although it was true that the defendant gets a flag of the victim, it is a legitimate defense or a legitimate act because it was intended to prevent the assault of the victim.

According to the following facts and circumstances, all criminal facts in the judgment of the court below are recognized according to the evidence duly adopted and examined in the court below's judgment on the assertion of mistake of facts and misapprehension of legal principles as to the argument of mistake of facts concerning sentencing:

Therefore, the defendant's assertion of misunderstanding of facts is without merit.

On October 1, 2016, the Defendant and the victim dump dumped one another and dumped one another, and the Defendant exceeded the site and returned back again to the site.

The Defendant, while pushing the victim with her head, read “at once”, and the victim was pushed the Defendant’s chest as her hand.

The injured party consistently from the beginning of the investigation to the court of the court below, and consistently, the injured party suffered injuries when the head of the defendant was faced around the injured party in the course of his chesting the defendant's chest.

was stated.

Defendant

In addition, in light of the fact that the victim's head was well-known and the victim was found to have been witnessed, the defendant and the victim were dead at the time, the process of fighting, the treatment confirmation submitted by the victim, etc., the credibility of the statement can be found.

The victim started from the face of the defendant's head, but did not receive medical treatment immediately, but the defendant reported this case to the police station.