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(영문) 인천지방법원 2017.09.22 2016노4792

폭행

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant committed the same act as the facts charged of this case in order to defend the victim's assault, which constitutes legitimate defense.

2. In full view of the following circumstances: (a) the evidence duly admitted and examined by the lower court and the trial court and the evidence thereof; (b) the Defendant, who led to the confession of his own crime at the lower court and then denied the Defendant’s assertion of legitimate defense without any special reason; (c) the Defendant’s act of assault in this case, when considering the contents of the motion picture pictures taken from the crime of this case, i.e., “the Defendant was dead” as “the victim,” and “the head was sealed; (d) the victim’s face was sealed; and (e) the victim’s face was sealed; and (e) the Defendant’s act of assault in this case was carried out in the investigative agency, i.e., “the victim spited against the Defendant; (e) the victim was the Defendant at the time when the victim was the Defendant; and (e) the victim took a bath thereafter; and (e) the Defendant’s act of assault in this case was carried out to defend the victim’s assault.”

As it is difficult to see, the defendant's above assertion is rejected.

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