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(영문) 서울동부지방법원 2018.08.30 2018노413
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts and misunderstanding of legal principles) did not assault a victim, and even if so, the victim exercised the power to spoke.

In the course of the dispute, this is for protecting the body of the victim and defending the victim's attack in the course of the dispute.

2. In the lower court’s judgment, the Defendant asserted the same as in the trial, and the lower court found the Defendant guilty of the facts charged by comprehensively taking account of the circumstances duly admitted and investigated by the evidence.

Examining the above judgment of the court below after comparing it with the records, the judgment of the court below is just and it is erroneous in the misapprehension of facts as alleged by the defendant.

subsection (b) of this section.

In addition, as to whether the defendant's act constitutes a legitimate defense, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, the fact that the case occurred in the course of the defendant's appeal against A and the victim, who is a co-defendant of the court below, and the victim was faced with the right blue on the truck that was set up next to the defendant's smuggling.

In full view of the background and method of the instant crime, the circumstances at the time of the instant crime, the relationship between the Defendant and the victim, and the degree of the exercise of tangible force, such as the statement being made, etc., the Defendant’s above act was at least a defensive act, and at the same time, only a defense act has the character of an attack against the victim, and the victim unilaterally committed an illegal attack, and the Defendant exercised tangible power as a means of resistance to protect himself from

It is difficult to see it.

The above action by the defendant does not constitute a legitimate defense or legitimate act.

3. Thus, the defendant's appeal is without merit.

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