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(영문) 의정부지방법원 2015.09.15 2015노1462
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s act of inflicting bodily injury on the victim E constitutes self-defense, which is to protect the attack of the above E, citing the Gabr3 and exercising violence.

B. There is no misunderstanding of facts against the victim F’s face, or there is no flicker or flive flick.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of self-defense, while the defendant and the victim E were in conflict with each other, the above victim took an action of restraint by another person, and thereafter, the defendant's use of violence as stated in the facts of the crime in the judgment below can be acknowledged. Since the above act of the defendant cannot be deemed as an act of considerable reason to protect the present unfair infringement, it cannot be viewed as self-defense.

Therefore, the defendant's above assertion is without merit.

B. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the defendant's assertion is without merit, since the defendant was able to find out the fact that the defendant was able to take the part of the above victim's ship with the victim F.

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. It is so decided as per Disposition.

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