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인천지방법원 2013.09.13 2013노1508

The defendant's appeal is dismissed.


1. The gist of the grounds for appeal is that the Defendant did not assault D, but rather did so by assaulting D and resisting D, and it constitutes self-defense as soon as possible, and it did not constitute self-defense by making D’s bucks, and there was no bucks or exercising physical power against H by police officers.

Nevertheless, the judgment of the court below which found the defendant guilty of the charges of injury to the defendant and obstruction of the performance of official duties is erroneous, and the punishment (5 million won) is too unreasonable.

2. In full view of the evidence examined and adopted by the court below, the statements by the witnesses of the court below are specific and consistent, and there is no reason to reject their credibility, and the facts constituting the crime of bodily injury and obstruction of performance of official duties can be sufficiently recognized. The crime of bodily injury in this case was committed in the course of the defendant's dispute with D, and it cannot be deemed that it was committed as a last means to protect his legal interests or as a considerable means without any other means, in full view of the occurrence, process, degree of mutual damage

In the same purport, the judgment of the court below which rejected the defendant's self-defense or legitimate act and found the defendant guilty of the facts charged does not err in mistake

In addition, considering the fact that the defendant denies the crime until the time of the trial, and did not agree with the victims or take measures for recovery from damage, the defendant's age, character and conduct, environment, and circumstances after the crime, it is not recognized that the sentence of the court below is too unreasonable.

3. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.