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(영문) 대전지방법원 2014.09.25 2014노311
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. With regard to the summary of the grounds for appeal, the defendant was guilty of the facts charged in this case, even though he did not have awareness that he would take another's property since he did not know that he did not take another's property since he did not have any awareness that he did not take another's property since he did not know that he did not take another's property, he did not unilaterally assault C with his hand and dubb, and did not assault C. In relation to larceny, the court below found the defendant guilty of the facts charged in this case.

2. Determination

A. The point of injury (1) is that an ordinary attack and a defense was conducted throughout the course between persons who fight in accordance with relevant laws and regulations, and at the same time between them, the act of attack and defense was committed and the two areas of attack, which are both acts of attack. Thus, even if they appear to be fighting, in fact, one party unilaterally commits an illegal attack and the other party exercised force as a means of resistance to protect himself/herself from such attack, barring special circumstances, such as where one party unilaterally committed an attack and the other party exercised force as a means of resistance to escape from the attack, it cannot be said that only one party’s act constitutes a legitimate act for defense or self

(Supreme Court Decision 201Do13927 Decided December 8, 2011). (2) The following circumstances acknowledged by the evidence duly adopted and investigated by the lower court and the first instance court (see Supreme Court Decision 2011Do13927, Dec. 8, 201) are as follows: ① at the time when a police officer called to the site, the Defendant and the victim live in bridge with each other at the time of being called to the site; ② immediately after the instant case, the victim’s name was removed and added, etc.; ③ the Defendant was in the state of drinking alcohol at the time; ④ the victim C was issued a written diagnosis of injury on July 31, 2013; according to the medical certificate, the victim was diagnosed by the dive salt, satopical satum, and satisfy, etc. that require treatment for approximately 21 days.

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