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(영문) 부산지방법원 2016.05.12 2015노4140
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal did not inflict any injury on the victim, and even if so, the victim had any tangible power.

Even if this constitutes a legitimate defense, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2. In light of the situation at the time of the instant crime, the background of the crime, the statement of the victim and witness, and the form of the victim’s injury, known through the evidence duly adopted and examined by the lower court and the lower court, it is sufficient to recognize that the Defendant inflicted an injury on the victim as stated in the lower court’s holding. This is merely a fighting between the victim and the victim, and it does not constitute a legitimate defense.

Therefore, the defendant's assertion is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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