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(영문) 서울동부지방법원 2017.11.24 2017노1134
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts and misunderstanding of legal principles) Defendant did not assault the victim.

In addition, since the defendant's act was a legitimate objection against the mistake of one victim, the defendant's act constitutes a legitimate act.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby finding the Defendant guilty.

2. We examine the judgment, and examine the evidence duly adopted and examined by the court below, in particular the witness E’s statement and CCTV files of the cosmetic, a thorough examination of the video of the damaged person, the defendant can sufficiently recognize the facts that he intentionally assaulted the injured person as stated in the facts charged in the instant case, and the above act of the defendant is a legitimate act permissible under social norms by exercising unilateral power against the injured person.

As such, the court below is just in finding the defendant guilty, and the defendant's assertion is without merit.

3. In conclusion, 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. It is so decided as per Disposition.

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