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(영문) 부산지방법원 2014.06.27 2014노384

폭력행위등처벌에관한법률위반(공동상해)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 1) The Defendant did not support the victim’s face and body face, such as the statement in the facts charged, on several occasions, as in the victim F. However, even if the Defendant inflicted injury on the victim F, as stated in the facts charged, the Defendant’s act constituted self-defense, and thus, the illegality of the Defendant’s act should be avoided.

2. Determination

A. First, as to whether the Defendant was injured by the victims, the following circumstances, which are acknowledged by comprehensively taking into account the evidence duly adopted and investigated by the court below, namely, ① the Defendant’s daily act and co-defendant A, in the process of police and prosecutor’s investigation, have consistently stated that the Defendant and the Victim F were f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f.

B. Next, as to whether the Defendant’s act of assaulting the victim F constitutes self-defense, it is necessary to establish self-defense under Article 21 of the Criminal Act, by means of the type, degree, method of infringement of legal interests infringed by the act of infringement, and the completion of the act of self-defense and defense.

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