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(영문) 부산지방법원 2015.01.16 2014노3833
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal did not reveal the victim E, and the defect that the victim tried to attack the defendant as his head is nothing more than the victim's awareness during the process of defending and avoiding the defendant, but all of the charges of this case are found guilty, and there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment.

2. According to the evidence duly adopted and examined by the court below, the defendant's testimony was revealed to have been directed by the victim to F (one-person "I") who is a part of society, and the defendant was living together with the victim, and the defendant was living together with the victim, and the defendant was living together with the victim in the process of speaking the victim, and the defendant was living together with the victim at several times in the process of speaking the victim, and there was no evidence to prove that the victim was breath of the victim's inside, and there was no evidence to prove that the victim was breath of the victim's inside, and in light of F's statement, it is difficult to believe that the victim was breath of the defendant's statement that the victim was breath of the victim's first time, and the defendant did not actively or passive defend the victim's attack, but did not actively harm the victim and damaged the victim's property.

Therefore, it is difficult to view such defendant's act as self-defense for the purpose of defending the current infringement of one's legal interests. Therefore, the defendant's above assertion is without merit.

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.

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