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(영문) 수원지방법원 2020.11.23 2020노4563
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was merely self-defense to the extent that he was aware of the victim’s flaps, or did not cause an injury upon the victim’s flapsing. This constitutes self-defense in order to oppose the victim’s assault.

The judgment of the court below which found the defendant guilty is erroneous in misconception of facts or misapprehension of legal principles.

B. The punishment of the lower judgment is too unreasonable in light of the degree of injury suffered by the victim, etc.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below as to the assertion of mistake of facts or misapprehension of legal principles, the fact that the defendant inflicted an injury on the victim, such as the facts charged, is recognized, in full view of the following circumstances: (i) the victim has consistently made a statement in the investigation process up to the court below's trial; (ii) the witness's statement also complies with the victim's statement; (iii) the victim's injury diagnosis was issued on the following day; (iv) the part and content of the injury specified in the above diagnosis statement correspond to the victim's statement; and (iii) the circumstance that there is no reason to suspect the credibility

In addition, in order to eliminate illegality due to self-defense, there should be a situation of self-defense, that is, the defendant's assertion that he was subject to violence from the victim. However, on the day of the instant case, the defendant stated that "the victim was pushed down his breast with his blue," but he was present at the police that "the victim was pushed down with his blue with his blue with his blue with his blue with his blue with his blue with his blue with his blue with his blue with his blue with his blue with his blue with his blue with his blue with his blue with his blue with the statement that "

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