폭행등
The defendant's appeal is dismissed.
Expenses of the original judgment and the trial shall be borne by the defendant.
1. The grounds for appeal (the factual errors and misapprehension of the legal principle) merely interfered with the recovery of vehicles and put the victim in front of the vehicle, and did not have any intention to commit violence or damage to property, and such act is not unlawful as a justifiable act.
2. The statement of the victim of this case is consistent and concrete from the investigation process to the original trial, and consistent with CCTV video recording. Considering the criminal intent to keep the victim injured, the intent to destroy and damage property may be recognized. The defendant's act is not complementary and reasonable, and it does not constitute a justifiable act under Article 20 of the Criminal Act.
Therefore, it is difficult to see the judgment of the court below that there is an error of mistake or misapprehension of legal principles
3. If so, the defendant's appeal is without merit, it is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act, and the costs of lawsuit at the original court and the trial are to be borne by the defendant pursuant to Articles 191 (1), 190 (1) and the main sentence of Article 186 (1) of the Criminal Procedure Act. It is so decided as per Disposition.
However, it is clear that '1. In the application of the law of the court below, '1. In addition, Article 48 (1) 2 and (2) of the Criminal Code, the proviso of Article 67 of the Act on the Control of Narcotics, Etc. is erroneous, and thus, it should be corrected to delete it under Article 25
.