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(영문) 대전지방법원 2013.06.12 2012노2808
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant of mistake of facts found the defendant guilty of all the facts charged of this case, although the victim sleeps the victim's body and sleeps the victim's body in order to escape from the body of the defendant, and the victim sleeps the victim or was taken by drinking the victim, the court below erred in the misapprehension of facts, which affected the conclusion of the judgment.

B. The Defendant’s act of self-defense was committed in the course of deviating from the Defendant’s act of escaping from the victim’s wrongful act. Thus, the Defendant’s act constitutes legitimate self-defense to defend the legal interests of the Defendant by setting up against the victim’s wrongful act

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts: (i) the victim started from the investigation stage to the court of the court below to find out the difference of the defendant on the part of the defendant on board at the time of the instant case, thereby blocking the front of the vehicle; and (ii) the defendant, who followed the defendant's desire to leave E, did assault the victim's hand while taking the victim's hand, or getting the victim's hand on several occasions, with the victim's hand, and at the same time stated the victim's hand, on the part of the victim's body, the victim's specific damage is consistent; and (iii) the victim's statement from the investigation stage to the court of the court below, such as consistent with the victim's written diagnosis of injury (the investigation record No. 8 pages) and each injury photo (the investigation record No. 912 of the investigation record). In full view of the credibility of the victim's statement, the defendant's body and the body of the victim can be found to be sufficient.

(b).

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