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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In fact, the Defendant, by misapprehending the legal doctrine, did not commit an act of assaulting the victim’s breath by using breath in order to kill the victim’s breath from the victim, and did not commit an act of assaulting the victim’s breath, or inflicting an injury on the victim.
B. Sentencing
2. Determination
A. As to the assertion of misunderstanding of the facts or legal principles, the following circumstances revealed by the evidence duly adopted and investigated by the court below, such as black booms video CDs, damaged scene pictures, and diagnostic records of injury, etc., can be sufficiently recognized that the defendant was frightened and frighted by the victim, and the fact that the victim suffered light fright and fright. At the time of committing the crime, the defendant had a frightful intent to inflict bodily injury on the victim, in light of all the circumstances such as the circumstances that the defendant was frightened with the victim, the circumstances that the defendant was frighted with the victim, the contents of the dispute with the victim, the emotional state of the defendant, the relation with the victim, the victim's frighten and degree of the assault committed by
The defendant's act is recognized (the defendant's act is to defend the victim's unfair attack rather than to defend the victim's wrongful attack, and seems to have been committed against the victim's attack, and it seems to have been committed against the victim's attack. Such an act is at the same time a defensive act is an act of attack, and it is difficult to view it as a legitimate defense). This part of the defendant's assertion is rejected.
1) At the time of committing the instant crime, the Defendant and the victim sent and took a bath with one another as a vehicle parking problem, and caused disputes, and made an appraisal and interesting situation.
2) In the police survey, the Defendant stated that “the victim was able to have a dular with the victim get snick to stroke, and the victim was stroke, and the victim was stroke from the breast inside, and the victim was able to exercise a certain water power,” and recognized that the Defendant exercised a certain water power.