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(영문) 부산지방법원 2017.04.28 2016노4813
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles)

A. The Defendant did not incur any injury to the victim as stated in the lower judgment.

B. Even if the Defendant inflicted an injury on the victim, this constitutes legitimate defense, which is aimed at defending the victim’s unjust attack.

2. Determination

A. In light of the following circumstances, the credibility of the victim's statement that corresponds to the facts charged can be acknowledged, and the defendant has inflicted an injury on the victim as stated in the judgment of the court below, in light of the following circumstances, which can be revealed by the evidence duly adopted and examined by the court below and the court below.

Therefore, the defendant's assertion of facts is without merit.

(1) The aggrieved person consistently from an investigative agency to the court of the court below, that he/she sustained a wound or plucking of the injured person in the course of assaulting, booming, and consistently drawing in the interests of the accused.

I stated and presented a diagnosis report to an investigation agency.

② At the time of the instant case, CCTV images were used by the victim to assault the Defendant within the convenience store and go out of the fright, but the Defendant was frightened and pushed out of the victim, and the victim gets out of the convenience store.

③ The Defendant asserted that he was unilaterally assaulted against the victim and did not inflict any injury on the victim. However, according to CCTV images, the Defendant appears to have had the intent to wrap the victim, and does not seem to have been unilaterally used without the intention to wrap up the victim.

④ The letter of confirmation of the facts of L by the president of the convenience store submitted by the Defendant to the trial at a party stated to the effect that “the Defendant did not assault the other party,” but this is inconsistent with the contents of the CCTV images.

B. As to the misapprehension of legal principles, the Defendant’s act is an unjust attack against the victim.

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