beta
(영문) 대구지방법원 2019.07.19 2019노1006

폭력행위등처벌에관한법률위반(공동상해)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant only took a hand to prevent the victim F who assaults the Defendant, and did not inflict an injury upon the victims jointly with A, as shown in the facts charged in this case.

2. In light of the following circumstances acknowledged by the evidence duly adopted and examined in the court below, i.e., ① the statements of the victims and witnesses who correspond to the facts charged in this case in the investigative agency and court of the court below are consistent and credibility in the specific and main part; ② The head of the defendant's use of considerable violence, such as the breathing of the victim F, the breath, and the breathing of the victim E with the facts charged in this case. It is difficult to view that the above act of the defendant is merely a defense to prevent the victim's assault against the victim. In light of the above facts charged in this case, the fact that the defendant inflicted an injury by assaulting the victims is sufficiently recognized.

Therefore, the defendant's assertion is without merit.

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