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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles) committed an injury to the victim by hand in the process of preventing the victim who has committed violence, which constitutes a passive resistance, and thus constitutes a legitimate act, there is an error of misunderstanding of facts and misapprehension of legal principles in the judgment below convicting the defendant.
2. Determination:
A. The following circumstances acknowledged by the lower court from the evidence duly adopted and examined by the lower court, i.e., ① the victim suffered an examination on the face, face, chest, etc. by the Defendant’s hand saw in the course of dispute between the Defendant and the investigative agency and the lower court.
A consistent statement; ② The victim shows the damaged body of the victim during the investigation process of the investigative agency; ② The victim taken photographs; according to the above photographic image, the victim’s body appears to be flicked with a hacker, ③ the victim did not receive medical treatment at the hospital, but the victim was treated as a doctor, such as disinfection of the injured body.
In light of the fact that the defendant made a statement, the defendant can fully recognize the fact that the defendant inflicted a bid to the victim with the wheels of the victim as stated in the facts charged of this case.
B. As to whether the Defendant’s act constitutes a political party’s defense or a political party’s act, it is common that the Defendant’s act of attack and defense was committed throughout the year between the two fighting parties and the two fighting parties, and it is difficult to view it as constituting “political party’s act” or “political defense” for the purpose of defending only one party’s act, on the ground that the act was in the nature of both aggressive acts.
However, even if the outer fighting is seen as one of the fightings, in fact one of the parties unilaterally commits an illegal attack, and the other party protects himself from such attack and deviates from it.