상해
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is that the Defendant did not inflict any injury on the victim by cutting down the shoulder of the victim and pushing the victim. However, although the head of F is less than the victim's shoulder in order to protect F because the head of F is skeing both sides of his arms in a state where the victim became aware of the F, it constitutes a justifiable act that does not violate social rules as an act to protect F, and thus does not constitute an act to protect F.
Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous and erroneous.
2. The court below acknowledged the following facts based on the evidence duly adopted and investigated by the court below, and ① The victim consistently made a statement to the effect that “the defendant was faced with the head and shoulder of the victim's child by putting the victim's child on his/her own care,” and there are no reasonable circumstances to suspect the credibility of the statement; ② the defendant stated that he/she was frighted to keep the victim from taking the child when he/she first made a statement in order to prevent the victim from taking the child. However, considering the following circumstances, the court below held that the victim's shoulder was frightly and differently made the victim's shoulder motive in order to prevent the victim from taking the child care center and leaving the child care center, the defendant's act cannot be deemed as legitimate self-defense or legitimate self-defense.
Therefore, the defendant's assertion is without merit.
3. Therefore, 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.