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(영문) 대전지방법원 2018.08.17 2017노3380
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant only spreads his head debt to the victim and does not have the face of the victim.

B. Even if the victim was at the time, it constitutes a legitimate defense that the victim asserted the victim, who gets the head, with the head of the satisfum.

2. The Defendant asserted the same content in the lower judgment.

The court below acknowledged the fact that the defendant was at the time when he was examined as a witness of the victim and witness, and based on the evidence such as the legal statement and CCTV video image, and recognized the fact that the defendant was at the time of committing the crime, and it does not constitute a legitimate defense as an affirmative attack exceeding passive defense in light of the situation at the time and the patterns of assault

The decision was determined.

The judgment below

Examining the reasoning in light of the records and evidence, the lower court’s judgment is justifiable.

[Defendant's defense counsel at the first trial date of the trial of the first instance, and at the time when the defendant made a victim

Even if he did not have the intention of assault due to defensive conduct that occurred in the process of spreading the head debt.

The argument was asserted.

The above assertion shall not be deemed a legitimate ground for appeal since it was filed after the lapse of the period for filing the appeal, rather than the grounds for appeal specified in the statement of reasons for appeal.

Even if ex officio examination is conducted, the intention of assault may be recognized in light of the situation at the time and the degree of tangible force exercised by the defendant, the subject body part, etc.

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 groundless.

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