beta
(영문) 수원지방법원 2018.12.18 2018노4723

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal lies in the defense of a political party or the act of a political party, since the victim was first pushed the defendant with his body, and the defendant was frightly injured the victim in order not to go beyond the center, and there is no intention of injury, and the defendant's act constitutes a legitimate defense or a legitimate act.

2. According to the evidence duly adopted and examined by the court below, the following facts can be acknowledged: (i) the victim first takes the defendant in his body on the upper part of the bar and the stairs, and (ii) the fact that the defendant made it clear that he would have come up with the center. However, (iii) The defendant left the bar under one column of the stairs, and as the defendant sits down on the right shoulder of the victim with the left hand, and (iv) the victim was trying to take a rail by hand and do not go out while supporting the stairs with the left hand, but the defendant did not have the ability to get off the body, and was dried together with the defendant. (v) In order to prevent the victim from getting out of the wall, the fact that the victim was able to have taken off the wall by hand.

According to the above facts, although the victim had exercised the physical power such as taking the defendant's body first, the victim had exercised the physical power.

Even if the defendant did not go beyond, the defendant did not attach the victim in a reflective manner, but intentionally left the victim.

The act can not be regarded as a legitimate defense or a legitimate act.

Therefore, the defendant's assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless.