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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The facts charged against Defendant A do not have any evidence other than the victim’s false statement, and the above Defendant’s act is against the victim D who intrudes into the above Defendant’s house and exercises violence, and thus constitutes self-defense, and the judgment below which found Defendant A guilty of the facts charged is erroneous in the misapprehension of legal principles and thereby adversely affecting the conclusion of the judgment.
B. The statements of the victim F, which Defendant B abused himself, are false, and the above victim voluntarily went beyond the latter, so the medical examination of injury cannot be trusted.
Rather, the police officer called out at the time of the instant case was guilty of the facts charged even though the victim F was found to have attempted to start from hospitalization in the absence of a special credit with the victim F, the court below erred by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.
2. Determination
A. In the event of fighting between the defendant and the victim in a judgment as to the defendant A’s assertion, the act of fighting is simultaneously constituted against the other party at the same time as a defensive act, and the act of the other party’s act is not deemed as an act of defense only by the defendant, and it cannot be deemed as an act of defense
(Supreme Court Decision 83Do3020 delivered on May 22, 1984). The victim D statements by reducing the part of the victim's assault and exaggeration the other party's assault and the part of the other party's assault and bath. However, the victim D's statement that Defendant A was subject to assault with flaps and bath can not be said to be false since it is supported by Defendant A's statement and his body photograph.
According to the statement of the defendant A and the victim D's upper body photograph (in the investigation record 41 pages), the victim D was found at the house of the defendant A and B, and the victim was resisted by the defendant A and became a vision.