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(영문) 서울동부지방법원 2019.05.16 2018노1845
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There is no fact that the defendant had inflicted injury on the victim as stated in the facts charged.

B. The Defendant’s act constitutes a legitimate act or self-defense inasmuch as the Defendant’s act was a legitimate act or self-defense inasmuch as the Defendant’s act was frighten and boomed with the Defendant’s fright and frightened with the Defendant’s fright.

2. Determination

A. The following facts are acknowledged by the evidence duly adopted and investigated by the court as to the assertion of mistake of facts: (i) the victim was in the bus in shift with the defendant; (ii) the victim stated at the hospital on the day of the instant case that the victim was faced with the victim; (iii) the victim was in the bus; and (iv) the victim stated at the time when the victim was faced with the victim; and (iii) the victim was in the hospital on the day of the instant case that he was faced with the fluoral seat and tension, the right hump and tension; (iv) the left stump and tension; (v) the left stump, the left stump, the left stump, the stump of the special fluort, and the brain hump with no open balle, etc. without the above victim’s statement; and (v) the victim was in the victim’s part of the investigative agency’s statement and the victim’s statement made at the time of the instant case.

B. As to the assertion of misapprehension of legal principles, the Defendant’s act does not constitute self-defense or legitimate act as prescribed in the Criminal Act in light of the background and form of the Defendant’s assault, such as the Defendant’s act when he was in an excessive state of harming the victim, etc.

C. The judgment of the court below which held that the crime of injury to the facts charged in this case is constituted.

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