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(영문) 의정부지방법원 2015.10.13 2015노1865
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not have received the victim from her head, and there is no misunderstanding of facts when he/she can make a drinking.

B. In the event that the victim of a misapprehension of the legal doctrine spathizes the Defendant’s head in the process of spathizing the Defendant’s breath, the Defendant’s head was faced with the victim’s eye, not intentionally received head

Even if the defendant's head was recognized, this constitutes legitimate act of self-defense or legitimate because the victim's act was committed to escape from the process of leading the defendant's head.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the fact that the defendant was faced with the snow of the victim with his head and was drinking.

The defendant's assertion of mistake is without merit.

B. According to the evidence duly admitted and examined by the court below as to the assertion of legal principles, the defendant also stated in the investigative agency that the victim received money from the investigative agency as head, the victim also made a statement consistent with the above contents, and the victim's photograph and diagnosis report also conforms to the above contents.

Therefore, it is sufficiently recognized that the defendant intentionally received the eye of the victim due to his own head.

Furthermore, if this factual basis is the same, the victim unilaterally committed an illegal attack and the defendant exercised the tangible power as a means of resistance to protect himself/herself from such attack and to escape from such attack. Therefore, the self-defense or the assertion of legitimate act cannot be accepted.

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

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