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(영문) 창원지방법원 2019.10.02 2019노1214
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The grounds of appeal (legal scenario) corresponds to self-defense and thus, the judgment below is erroneous in the misapprehension of legal principles.

2. The Defendant asserts to the effect that the Defendant’s act constitutes self-defense, since the Defendant was assaulted by the victim first, and the Defendant used the victim to defend the victim.

However, in full view of the evidence duly adopted and examined by the court below, it was true that the victim exercised tangible force, such as towing the defendant's left shoulder part, but the defendant also used the victim's head fright by putting the defendant's head fright, putting the victim's head fright, putting the defendant's head fright, putting the head fright, breaking the victim's head fright and breaking the victim's fright, and thereby, it can be recognized that the defendant's act caused the victim's injury requiring medical treatment for about 14 days. In light of the above facts, the defendant's act can be evaluated as an active attack exceeding the other party's passive defense against the harmful act, and thus, the defendant's allegation in this part is rejected.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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