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(영문) 부산지방법원 2015.07.10 2015노1162
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. A male victim, who is the summary of the grounds for appeal, tried to use violence by forcing the Defendant to kneel kelel, etc., and the Defendant committed the instant crime with a view to getting out of the victim, which constitutes self-defense.

Nevertheless, the court below erred by misapprehending the legal principles on self-defense.

2. According to the evidence duly admitted and examined by the court below, the defendant stated that the victim would borrow money when he was investigated by the police that he knee knee knee kn, and the victim would have spread a coffee to the victim, and the victim also got drinking to the defendant, and the defendant also demanded laundry expenses while transmitting the message containing the hume to the victim.

Comprehensively taking account of the above facts admitted, it is reasonable to view that the defendant did not commit the crime of this case in order to defend an unfair infringement of the victim, but spreaded a coffee to the victim's attitude. Therefore, the victim's assertion of self-defense is without merit.

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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