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(영문) 서울중앙지방법원 2019.05.17 2018노3209
상해
Text

The defendant's appeal is dismissed.

Reasons

The accused did not shoulder the injured party's left side part of the reason for appeal.

Although the defendant injured the victim by the misunderstanding of legal principles, the defendant's act constitutes self-defense as an act with considerable reason to protect the present unfair infringement of the defendant's property and body, it is dismissed that the defendant's act constitutes self-defense.

Judgment

According to the evidence duly examined by the court below as to the assertion of mistake of facts, the defendant, like the facts constituting the crime in the judgment of the court below, can sufficiently recognize the fact that the defendant, as stated in the judgment of the court below, was fighting with the victim's body in order to find out a cell phone which was cut back from the victim, and caused the victim's loss requiring medical treatment for about two weeks by

Defendant’s assertion is without merit.

According to the evidence duly examined by the court below as to the assertion of legal principles, the defendant can find the fact that the victim's left part of the cell phone immediately after finding the cell phone in order to recover the cell phone that was cut off from the victim.

In light of the background of physical fighting between the Defendant and the victim, the Defendant’s act of shouldering the victim, the fact that the victim is broken, and the degree of injury, etc., it is reasonable to view that the Defendant’s act of shouldering the victim’s left part is not a defensive act but a separate attack act.

Therefore, the defendant's act cannot be viewed as self-defense.

Defendant’s assertion is without merit.

The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because it has no reason to appeal.

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