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(영문) 광주지방법원 2016.12.21 2016노1790
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant of mistake of facts was unilaterally assaulted by the victim and did not assault the victim.

B. In light of the legal principles, even if the Defendant used assault against the victim, the Defendant’s act constitutes legitimate act or self-defense and thus, it is dismissed that the Defendant’s act constitutes legitimate act or self-defense.

2. In full view of the following circumstances revealed by the evidence duly adopted and investigated by the lower court, the lower court can fully recognize the Defendant’s assaulting the victim.

In addition, the defendant's act is a legitimate act for defending the defendant's act or self-defense as it is difficult to view that the defendant had exercised the tangible power from the unilateral attack of the victim as a means of resistance to protect himself/herself and to escape it.

1. The Defendant and the victim were members of the same fraternity, and they did not have any good reputation between them.

(2) The victim stated from the investigative agency to the court of the court below that he/she was scambling with the Defendant by putting his/her head on the date, time, and place on which the crime was recorded in the court of the court below.

(3) A witness G who was at the site of this case at the time of this case stated that he was at the time of the court of original instance that he was at the time of the victim's scam scam in the court of original instance and that he was at the time of the victim's body scambling, and that he was at the time of the victim's unilateral assault of the defendant, and that he was at the time of the victim's signature and seal on the petition (15 pages of the trial record) to the effect that he was at the time of the victim's unilateral assault

(4) The photograph of the victim immediately after the instant case shall be red in the name of the victim.

(No. 17 pages). (5) The victim of this case.

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