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(영문) 대전지방법원 2013.05.08 2012노2350

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant of mistake of facts was guilty of the facts charged in this case in the absence of the victim's knife with the victim's knife in order to avoid violence by using violence, such as making the victim flife with flick, etc., and the victim knife with the victim's knife and knife, and the defendant was not at the time of the victim's knife as stated in the facts charged.

B. The crime of self-defense or the crime of this case by a political party is an act committed by a defendant who was frighten by exercising violence, such as frightening the defendant first, and thus, constitutes self-defense or legitimate act to defend the legal interests of the defendant by setting up against the victim’s unfair infringement.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts: (i) the victim made a statement that he suffered bodily injury from the defendant as shown in the facts charged consistently from the investigative agency to the court of the court of the court below even after the agreement with the defendant; (ii) the victim's statement is acknowledged as credibility; (iii) the victim's statement, such as the victim's statement, such as the victim's body photo and diagnosis report, and reply to the fact inquiry, consistent with the victim's injury; and (iv) the F, which was the victim at the time of the crime of this case, was present as a witness in the court of the court of the court of the court below; and (iv) the victim's face after the statement was made to the victim, which stated that "the victim's statement was unfolded as soon as possible after the victim was talked of the victim."

The former fell against the latter.