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(영문) 부산지방법원 2013.07.18 2013노689
상해
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

Even though the defendant was abused first from the victim, the court below erred by misunderstanding the facts or by misunderstanding the legal principles, which affected the conclusion of the judgment, even though the defendant's act of assaulting the victim's breath and spathing the bat around the passive resistance level.

Judgment

In light of the records, a thorough examination of the evidence duly adopted and examined by the court below in light of the records, the court below is just in finding that the defendant's act of taking a unilateral assault from the victim's victim's unlawful defense constitutes self-defense or is reasonable in light of social norms, and there is no error of law by misunderstanding of facts or misunderstanding of legal principles as asserted by the prosecutor.

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

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