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(영문) 수원지방법원 2019.06.26 2017노7444

폭력행위등처벌에관한법률위반(공동상해)

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant of mistake of facts merely suffered an injury by unilaterally committing an assault from the victims D, victims G, etc., such as having been forced to resist, and having been unable to resist, and did not jointly inflict an injury on the victims in collusion with B.

The injury suffered by the victim D was committed in the course of being seriously resisted by the police after being arrested after the case, and the victim G was kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous in misconception of facts.

B. In light of the legal principles, even if the Defendant inflicted an injury on the victims jointly with B, it constitutes legitimate self-defense or legitimate act, and thus, it constitutes a crime of self-defense and legitimate act, even if the Defendant committed a discriminatory assault against the Defendant at the same time and committed a dangerous act, and, in order to escape from such an unlawful attack, he/she committed a passive defense against the Defendant, such as being able to escape from such an unlawful attack, he/she was at the center of the victim G, which was saved in the body of the body of the victim, during a short period of 10 seconds.

Nevertheless, the court below erred by misapprehending the legal principles in finding guilty of the facts charged.

2. Determination

A. In regard to the assertion of mistake of facts, the Defendant stated that (1) before the Defendant was unilaterally challenged from the victim’s conduct due to the failure to resist, that is, in relation to the outbreak and early stages of fighting, the Defendant only made passive defense, such as being sealed or attached by a unilateral assault from the victim’s conduct.

However, victims and their first-class H are mutually fighted at least at the beginning of fighting.