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(영문) 의정부지방법원 2014.09.25 2014노1229

폭행

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant did not catch the victim’s breath as stated in the facts charged. However, the Defendant’s act is a legitimate act or self-defense in order for the victim to first catch the Defendant’s breath and do not do so in the right and left and left by the Defendant. The Defendant’s act is a legitimate act or self-defense.

(Lawio No. 2. According to the records, I, at the time, observed the scene, stated to the effect that the Defendant and the victim met with the telephone conversations with the police that the Defendant and the victim met with the problem of garbage, and that the two parties, not the assault of one party, were in the form of spathing and spathing. The Defendant and the victim made a statement to the effect that they were spathing and spabn each other, and that the Defendant and the victim met with I’s statement. In full view of these facts, it can be recognized that the Defendant committed an act of spathing with the victim, and according to the above I and the victim’s statements, the victim did not assault the other party with the intent of mutual attack. Thus, the Defendant’s act does not constitute legitimate self-defense or legitimate act.

Therefore, the defendant's assertion of mistake and misapprehension of legal principles is without merit.

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