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(영문) 부산지방법원 2014.11.27 2014노2603
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant suffered a minor injury to D to defend it in the course of assault from D, and the defendant's act constitutes self-defense and thus the illegality should be avoided. However, the court below erred by misapprehending the facts or by misapprehending the legal principles, which found the defendant guilty of the facts charged in this case.

2. The court below determined that the defendant's act cannot be viewed as legitimate self-defense in light of all circumstances, including the evidence duly adopted and examined in the court below, namely, the defendant's partial statement in the court below's judgment, the defendant's statement in F's investigation agency, the defendant's small part of the defendant's judgment, and the statement in the medical certificate of injury, etc., and considering all circumstances, D's means and degree of harm, the means and method of the defendant's act compared to D's act, and the result of the act.

In light of the records, a thorough examination of the evidence of this case is conducted. The court below's finding the Defendant guilty of the facts charged of this case based on the evidence of this case is just, and there is no new circumstance to reverse it in the trial. Thus, the court below did not err by misapprehending the legal principles as pointed out by the Defendant, thereby adversely affecting the conclusion

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

(However, pursuant to Article 25 of the Regulation on Criminal Procedure, the term "the second engagement relationship" in the second sentence of the crime in the judgment of the court below shall be corrected to "the fifth degree" ex officio.

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