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(영문) 대법원 2014.07.24 2014도5622
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

On the grounds indicated in its reasoning, the lower court determined that the Defendant’s act of inflicting an injury on the part of the victim cannot be deemed as self-defense, and rejected the grounds for appeal on the mistake of facts and misapprehension of legal principles by the Defendant who asserted self-defense.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine on self-defense and excessive defense, contrary to what is alleged in the grounds of appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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