beta
(영문) 서울중앙지방법원 2017.04.20 2016노5146

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

(a) The defendant was not guilty of having inflicted an injury by assaulting the victim;

B. The Defendant’s act by misapprehending the legal doctrine constitutes a legitimate act or a legitimate defense.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the court below can fully recognize the fact that the defendant abusedd the victim's bucks by using bucks, such as bucks, etc., the victim's bucks and bucks, and caused the victim's bodily injury, such as the bucks and bucks, the bucks and bucks, and the bucks and bucks, and the victim's bucks and bucks, and the bucks and s

B. As to the assertion of misapprehension of the legal doctrine, it is common to view the Defendant’s act of attack and defense committed in the course of fighting and the act of defense committed simultaneously, and the act of defense was characterized by both the two areas, which are the act of attack. It is difficult to view that the Defendant’s act of attack and the injured party constituted a legitimate act of attack or a legitimate defense in light of the motive and circumstance leading up to fighting, the process of fighting, the method and method of crime, the degree and result of the injured party’s injury, etc. in light of the motive and circumstance leading up to the fighting, the process of fighting, the method and method of the crime, the degree of the injured party’s injury, etc., and thus, it cannot

3. Accordingly, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.