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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2016.11.17 2016노2876
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant reported the victim who gets sound from the association office to the police, and prevented the victim from getting out of the police, and did not commit any act of assaulting the victim, and did not have any intention of assaulting the victim.

B. The Defendant’s act of misapprehension of legal principles constitutes legitimate act or self-defense, and thus, is dismissed.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the lower court, such as the Defendant’s statement of victim E and stif video, etc., the fact that the Defendant attempted to do so as to prevent the victim as stated in the facts charged, and sufficiently recognized the fact that the Defendant committed an assault in a way that the Defendant was sealed or frighted on several occasions, and the Defendant’s intentional act of assault is also recognized.

The defendant's assertion of mistake is without merit.

B. The defendant's legitimate act or self-defense cannot leave the victim in a state where there is no legitimate legal authority to prevent the defendant from leaving the victim. The defendant's act of booming the victim over several occasions and pushing or cutting the victim over several times has the character as an attack against the victim. Considering the degree and circumstance of the defendant's assault, legitimacy of the purpose and supplement of the method, it constitutes legitimate self-defense against another person's unfair infringement.

It is difficult to regard it as a justifiable act that does not go against social norms.

The defendant's assertion of legal principles also is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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