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(영문) 청주지방법원 2016.02.04 2015노1243
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts or misunderstanding of legal principles) attacks the defendant, such as harming the defendant's face at the time of the defendant's face, and is merely a lar of a victim to defend the defendant. This constitutes a legitimate defense or legitimate act.

Since the lower court found the Defendant guilty of the facts charged in this case by reliance on the statement of F in a de facto marital relationship with the victim and the victim without credibility, it erred by misapprehending the facts or by misapprehending the legal principles, thereby affecting the conclusion of the judgment.

2. The Defendant also asserted the same purport in the lower court, and the lower court rejected the Defendant’s allegation on the ground that the Defendant’s act cannot be deemed as a legitimate defense or a legitimate act under the title of “judgment on the Defendant and his defense counsel’s assertion”.

In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., ① the victim’s photograph and the victim’s injury diagnosis statement, etc. immediately after the occurrence of the instant case, the Defendant appears to have committed an excessive pressure on the victim’s part of the victim’s injury, not merely by the victim’s dular, but by the victim’s dulare; ② the victim’s and F’s statement are consistent with most of the specific circumstances, and the F did not make a statement at the police; and the part stated in the court of the court below in the lower court is likely to be punished by using singing voice, etc.; thus, it is difficult to view the Defendant’s act as a justifiable act or a legitimate defense.

The judgment of the court below that rejected Defendant’s assertion and found Defendant guilty of the facts charged in this case is just and acceptable.

The judgment of the court below is delivered to the defendant.

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