Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The defendant of mistake of facts was unilaterally assaulted by the victim, but did not bring about the victim's fault.
나. 법리오해 피고인이 피해자의 폭행에 대항과정에서 피해자의 손을 잡아챘다
This constitutes legitimate act of self-defense or legitimate act.
C. The lower court’s sentence of unreasonable sentencing is too unreasonable.
2. Determination
A. (1) In light of the spirit of the substantial direct and psychological principle adopted by the Korean Criminal Procedure Act, unless there are special circumstances to deem that the first instance court’s determination on the credibility of the statement made by a witness of the first instance was clearly erroneous, or in view of the results of the first instance court’s examination and the results of additional examination of evidence not later than the closing of argument in the appellate trial, maintaining the first instance court’s determination on the credibility of the statement made by a witness of the first instance court is clearly unfair, the appellate court should respect the determination on the credibility of the statement made
(2) The lower court acknowledged the credibility of each testimony of E,F, and G and convicted the Defendant of the injury inflicted on the Defendant, on November 24, 2006 (see, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 2006).
It is not considered significantly unfair to maintain its judgment as it is.
In full view of the remainder of the evidence duly admitted and examined by the court below, the defendant's exercise of full power, such as taking the victim's fault, can be recognized. Thus, the above argument by the defendant is without merit.
B. In full view of the evidence duly admitted and examined by the court below, the defendant is the victim who demanded the defendant to leave the office.