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(영문) 의정부지방법원 2017.08.14 2017노990
폭력행위등처벌에관한법률위반(공동상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and legal principles and the Defendant and A merely engaged in passive defenses against D’s attack, and thus, they did not jointly inflict any injury, and did not have any intention to inflict any injury. There is no relation between the Defendants’ passive defense and the victim’s injury.

In addition, the above passive defense was limited to the above passive defense, which constitutes a legitimate defense or legitimate act by an act that has considerable grounds for defending the infringement of the victim's body against the defendant and A.

Nevertheless, the judgment of the court below which convicted the charged facts of this case is erroneous by misunderstanding the facts or by misunderstanding the legal principles, which affected the conclusion of the judgment (the grounds of appeal are also stated in the grounds of appeal against the co-defendant A, but since A did not submit a petition of appeal, it shall be deemed complementary to the extent necessary to specify the grounds of appeal by the defendant).

2. Determination

A. As to the Defendant’s assertion of misunderstanding of the facts and misapprehension of the legal doctrine, the lower court also asserted the same purport as the misunderstanding of the facts and misapprehension of the legal doctrine during the grounds for appeal (Provided, That in relation to the assertion of misunderstanding of the legal doctrine, the lower court alleged that the Defendant’s act constituted a legitimate defense or an emergency escape). In so doing, the lower court rejected the Defendant’s assertion on the ground that, comprehensively taking account of the circumstances indicated in its reasoning,

Examining the judgment of the court below closely by comparison with the records, the judgment of the court below is just, and there is no error by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment ( comprehensively taking account of the evidence submitted to the court below, the act of the

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