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(영문) 서울남부지방법원 2021.01.19 2020노1529
폭행치상
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles)

A. Fact-finding is that the victim was not sealed by the victim, and the victim was able to attract the defendant and not to attract the defect by leading the defendant, and the defendant was left the defendant's arms on the wind, and the victim's body, which goes beyond the victim's body behind the delivery, is just a half of the victim's body.

B. Legal principles are erroneous, and the defendant was sealed to the victim.

Even if the defendant's act is a common part in the process of spreading the arms of the victim who turns the defendant's arms, the defendant's act is justified as it constitutes a legitimate defense or a legitimate act.

2. Determination:

A. (1) The lower court also asserted the same purport as the grounds for appeal, and the lower court rejected the Defendant’s assertion and found the Defendant guilty on the basis of the duly admitted and investigated evidence.

(2) In light of the above evidence, the court below's judgment is just and correct, since the defendant and the injured party got off the platform in the state where the defendant and the injured party got off the platform while getting off the platform in order to collect the defendant's head, and the injured party got out of the platform, and the injured party got out of the platform, and the injured party got out of the platform. In other words, it is sufficiently recognized that the defendant's injury was sustained by the injured party due to the defendant's robbery, and there is no error of mistake in the facts alleged by the defendant.

B. The following circumstances acknowledged by the evidence duly adopted and examined in the lower court’s determination on the assertion of misunderstanding of the legal doctrine, namely, the background and situation of the Defendant and the victim’s pulse in the Lel rebates, and the platform, and the Defendant was involved in the victim.

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