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(영문) 수원지방법원 2016.12.14 2016노3891
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (based on factual errors and misapprehension of legal principles) ① When the victim D was aware of the Defendant’s snow first due to drinking, and the Defendant did not make it possible to prevent the Defendant from committing assault against the victim who was in a critical state to the extent that he/she suffered from an injury to his/her mouth, thereby constituting legitimate self-defense to defend unfair infringement in response to the assault by the victim.

(2) The defendant has no record of pushing ahead of the victim E heading or drinking faces by cutting off the victim E.

2. Determination:

A. According to the evidence duly admitted and examined by the lower court regarding the victim D’s self-defense, the Defendant was the victim and the victim, who fated with fats and fats and fats and fats and fats and fats, and the Defendant’s buckbucks and fucks in the process of fucking.

Although the Defendant alleged that the victim was spawn for the purpose of preventing assault by the victim, if it was for the purpose of preventing assault by the victim, it cannot be seen that the victim was spawn and bucks twice or twice.

In light of the background of fighting between the Defendant and the victim and the degree of injury, it is reasonable to view that the Defendant’s act against the victim’s assault cannot be deemed as having been committed against the victim’s assault, and that it constitutes a separate attack.

Therefore, the part of the Defendant’s injury in this case cannot be seen as falling under the exclusion of illegality by self-defense.

B. According to the evidence duly admitted and examined by the lower court regarding the assertion of mistake of facts as to the victim E, the Defendant may recognize the fact that the Defendant’s defect, while fighting with the victim D, attempted to satisfe the victim E while satisfe the satch, thereby pushing the victim E’s face or satisfing it twice.

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