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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant did not inflict any injury on the victim E.
B. Legal doctrine misunderstandings, even if the Defendant inflicted an injury on the victim
Even if this is a passive defensive act, it is justified as it constitutes a legitimate defense.
2. Determination
A. Determination 1 on the argument of mistake of facts) The victim E makes a consistent statement in an investigative agency and court of the court below on the ground that the victim’s statement is consistent and consistent with the facts charged, unless there exists any separate evidence to deem that the defendant injured the victim E objectively, it shall not be rejected without permission, unless there is any other reliable evidence to deem the credibility of the statement. The witness’s statement is somewhat consistent with the witness’s statement on the major part, such as where consistency exists and other minor matters are not consistent (see Supreme Court Decisions 2012Do2631, Jun. 28, 2012; 2007Do10728, Mar. 14, 2008, etc.). Accordingly, the victim E makes a consistent statement in lieu of the circumstances where the defendant injured the victim E at the investigative agency and court of the court of the court below, and witness G made a statement that the victim’s statement was fighting in the body of the victim, and immediately after the witness’s statement was made in compliance with the victim’s photograph E.
I would like to say.
According to each evidence duly adopted and examined by the court of the original instance, such as the testimony of the witness E, the victim E, etc., ① the defendant in the oil station of this case in which the defendant was operated, and the defendant was involved in a dispute with respect to the calculation of the oil rates, ② the defendant was pushed down with the head of the victim E, and ② the defendant was pushed down with the head of the victim E, and 3 to 4 times or was pushed down with the victim E face and part of the victim E, ③ the defendant and the victim E are pushed down with each other for about 20 minutes as above.