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(영문) 인천지방법원 2017.05.19 2016노3436
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal (misunderstanding of facts and misapprehension of legal principles) is merely a defense against the victim by knumbs at the time of appeal, and thus, the Defendant’s act constitutes a legitimate defense under Article 21 of the Criminal Act. However, the judgment below which found the Defendant guilty of a special injury by misunderstanding of facts or misunderstanding of legal principles, which affected

2. According to the evidence duly adopted and examined at the court below, the defendant's act is reasonable in light of (1) the fact that the injured person threatened the defendant by putting in excess of the road where the injured person was making a cell phone with the defendant at the time, but the defendant's act of inflicting bodily injury upon the victim's head, etc. due to the definite iron plate is recognized to have been reduced from the injured person. Thus, it is difficult to view the defendant's act to defend the victim's attack. (2) Furthermore, it is difficult to view that the injured person's act is to defend the victim's attack, and the circumstances leading up to the occurrence of the case in which the injured person tried to confirm the defendant's cell phone due to suspicion of the defendant's women's relation, method and degree of the injury inflicted by the defendant (the defendant left the victim's head, body part, etc. several times with the iron plate until she turns out).

It is difficult to see the defendant's act as a legitimate defense.

Therefore, the defendant's mistake of facts and misapprehension of legal principles are without merit.

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

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