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(영문) 인천지방법원 2016.07.06 2016노1101
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant was pushed ahead of the victims in order to avoid close contact and did not commit violence or injury to the victims, and the above acts by the defendant constitute legitimate defense.

Nevertheless, the court below convicted the defendant by misunderstanding the facts.

2. According to the evidence duly admitted and investigated by the court below, since all victims make statements that correspond to the facts charged in the court of the court below, it can be sufficiently recognized that the defendant assaults victims and inflicted bodily injury on the victim D, and in light of the background of the occurrence of the case, the method and degree of injury, and the circumstances before and after the crime of this case, it cannot be deemed that the defendant's act satisfies the legitimate defense requirement. Thus, the judgment of the court below which found the defendant guilty of the facts charged is just and there is no violation

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. It is so decided as per Disposition, since the defendant's appeal is without merit.

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