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(영문) 대구지방법원 2015.06.25 2014노2787

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant did not assault the victim as stated in the judgment of the court below.

B. In light of the legal principles, even if there was a exercise of force against the victim, it constitutes self-defense or legitimate act in order to oppose the victim’s assaulting of the defendant.

2. Determination

A. In light of the following facts and circumstances, which can be recognized by comprehensively taking account of the evidence legitimately adopted and examined by the court below, i.e., the background leading up to each of the instant assault from the investigative agency to the court of the court below, and the contents of the assault, etc., and the defendant also made a statement to the effect that he/she has committed an assault while fighting with D and his/her body on the date of each crime in the judgment of the investigative agency, etc., the defendant can sufficiently recognize the facts that he/she committed an assault against each of the defendants as stated in the judgment of the court below. This part of the defendant's assertion is without merit.

B. In light of the circumstance and content of each of the crimes of this case and the degree of force exercised by the court below, which can be acknowledged by comprehensively taking account of the evidence duly adopted and examined by the court below as to the assertion of misapprehension of legal principles, the act of each of the crimes of this case constitutes legitimate self-defense as acts with considerable grounds for defending the unfair infringement

The defendant's assertion on this part is without merit, because it is merely a passive defensive act and does not seem to constitute a justifiable act that can be permitted by social norms.

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

However, the application column of the judgment below

1. Article 260 (1) of the Criminal Act concerning the relevant criminal facts and the part concerning the selection of punishment;