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(영문) 부산지방법원 2013.07.05 2013노806

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts is merely a victim’s shoulder, who dump bats the Defendant, and did not injure the victim’s flaps and salkes.

B. In light of the legal principles, the Defendant’s above act was committed in the course of resistance against the victim’s assault, and thus, constitutes self-defense and thus, cannot be deemed an offense.

2. Determination

A. The following circumstances can be acknowledged by comprehensively taking account of the evidence duly adopted and examined at the lower court’s determination on the assertion of mistake of facts: (i) the Defendant voluntarily stated at the first investigative agency that “the victim was able to take care of the victim’s breath while doing so; and (ii) the witness E of the lower court disputing the victim along with the Defendant also stated at the investigative agency that “the victim was satisfing off with the victim’s breath;” (iii) the victim was satisfing with assault from another person on July 5, 2012; (iv) the victim was diagnosed by the police officer on the ground that it was difficult for the victim to take care of the victim’s 14 days following the crime of this case; and (v) the victim was diagnosed by the Defendant and the police officer on the ground that it was difficult to take care of the victim’s batfe at the scene of the crime of this case.”