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(영문) 대구지방법원 2017.08.31 2017노1223
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant did not saw the victim's chest with the hand saw.

Although the defendant was aware of the victim's mind, the defendant was aware of the head's knife with the knife with the knife, it is a legitimate defense.

The judgment of the court below is erroneous in the misapprehension of facts and legal principles.

2. In full view of the following circumstances acknowledged by the evidence duly examined and adopted by the court below, i.e., the defendant and the victim's emotional distress during a dispute, and both parties have fighting, and the contents of the diagnosis of injury to the victim, the victim's chest and the victim's chest were flurged and flurged on the hand saw, it can be recognized that the defendant damaged the victim's safety and inflicted bodily injury upon the victim, and the defendant's act does not constitute legitimate defense. Thus, the judgment of the court below is just, and contrary to the defendant's assertion, there were no errors in the misapprehension of legal principles or misapprehension of legal principles.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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