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(영문) 대구지방법원 2018.03.23 2017노4565
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, by mistake of fact, was unilaterally abused the victim for more than one hour, and did not inflict an injury on the victim.

The injured party's wife, etc. caused the victim's assault against the defendant in his book, etc. However, even if the defendant injured the victim, it constitutes a legitimate defense for the victim's defense against the assault act even if the defendant injured the victim.

2. Determination

A. The lower court stated to the effect that the Defendant and the victim consistently fighted with the following circumstances acknowledged based on the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, namely, ① the witness F and D from the police investigation to the court of the lower court’s trial, and consistently held that the Defendant and the victim were satisfing their body by cutting down the bats or cutting down their body and satisfing their body, and in particular, the witness F, consistent with the victim’s statement, took place in the victim’

(2) The victim also had consistently contacted the Defendant’s drinking face, timber, or arms during the police fighting match from the police investigation to the court below’s trial.

In full view of the fact that such a statement is consistent with the contents of the medical certificate issued by the Defendant, and the content of the copy of the text message (Evidence No. 1) submitted by the Defendant is nothing more than the purport that the injured person first dies to the Defendant, and that it cannot be recognized that the injured person’s statement is false because it is merely the intent that the injured person would resolve the case smoothly, it can be sufficiently recognized that the Defendant has inflicted an injury on the injured person as stated in the judgment of the lower court. Accordingly, the above assertion by the Defendant is without merit.

B. According to the facts prior to the determination of the misapprehension of the legal doctrine, the Defendant, while disputing the victim, inflicted an injury upon the victim by breathing flaps or fighting one another’s body.

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