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(영문) 광주지방법원 2018.04.19 2017노2956
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal does not inflict any injury on the victim, and there is such a fact.

Even if the defendant's act constitutes a legitimate defense.

Although the court below found the defendant guilty of the facts charged of this case, the court below erred by misunderstanding the facts.

2. Where it is reasonable to view that the perpetrator’s act of attacked with one another’s intent to attack the victim’s unfair attack rather than with a view to defending the victim’s unfair attack, and that the perpetrator’s act of attacked with one another was committed against one another, and at the same time, the act of attacked with the nature of the act of attack at the same time, is an act of attack (see Supreme Court Decision 2000Do228, Mar. 28, 200). In full view of the evidence duly adopted and investigated by the court below, the defendant was slicking and tampling each other in the process of dispute with the victim, and during that process, the defendant was strongly aware of the fact that the victim suffered from the upper part of the upper part of the upper part requiring treatment for about six weeks, and that the above injury suffered by the victim was caused by the Defendant’s assault.

In addition, the victim assaulted the defendant in a way that fats the defendant's fat

Even if it is against this, it cannot be deemed that the Defendant committed an act of assaulting the victim's unlawful attack by putting a dubbling the victim's breath, making the victim's breath, etc., and force the victim's breath, etc.

Therefore, the defendant's assertion is without merit, since it is sufficiently recognized that the facts constituting the crime of the court below against the defendant, and the above act of the defendant is difficult to be viewed as legitimate defense.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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