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(영문) 춘천지방법원 강릉지원 2013.10.15 2013노259
상해
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (legal scenarios) is that the Defendant’s act of assaulting the victim or inflicting bodily injury on the victim, as stated in the facts charged, is a self-defense that occurred during the process of resisting that the young and healthy victim resisted against using the Defendant’s arms by cutting down and cutting them into the Defendant’s arms.

In order to establish self-defense under Article 21 of the former Criminal Code, the act of defense shall be socially reasonable, taking into account all specific circumstances, such as the type, degree, and method of infringement of the legal interest infringed by the act of infringement, and the type and degree of the legal interest to be infringed by the act of defense, etc.

(See Supreme Court Decision 2009Do2114 Decided June 11, 2009, etc.). The Defendant also asserted the same purport in the lower court. However, the lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the evidence duly adopted and investigated, and rejected the Defendant’s aforementioned assertion on the grounds that detailed reasons in the part of “decision on the Defendant and his defense counsel’s assertion” were rejected.

Examining the above fact-finding and judgment of the court below in comparison with the records, the judgment of the court below which found the defendant guilty of the facts charged of this case is just, and there is no violation of law by misunderstanding the legal principles as to self-defense, which affected the conclusion

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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