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(영문) 인천지방법원 2014.07.17 2014노811
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal (the factual error) did not have any intent to inflict bodily injury upon the Defendant by assaulting the victim as stated in the facts charged of this case. Even if the Defendant had physical contact with the victim, as indicated in the facts charged of this case,

Even if the victim attempted suicide and had a physical contact to prevent it, it is merely a justifiable act stipulated in Article 20 of the Criminal Code, and its illegality is dismissed.

2. The judgment of the court below is based on the following circumstances, i.e., ① the defendant prepared a document that contains a written confirmation about the victim's assault on April 10, 2013, which is the day following the crime of this case, and an absolute violence in the future; ② the victim's statement is specific and consistent; ② the victim's statement is consistent; ③ the victim's statement is consistent; ③ the victim's form of bodily contact with the victim; ③ the victim's bodily contact was made to prevent the victim from attempted suicide. However, in light of the above circumstances, it is difficult to believe it; ④ the "act that does not violate the social rules" under Article 20 of the Criminal Act refers to the act that can be accepted in light of the overall legal order or the social ethics or social norms surrounding it. Thus, it is difficult to accept the above argument of the defendant as a legitimate act of assault due to the victim's booming, etc.; and it is sufficiently recognizable that the defendant injured the victim as stated in the judgment of the court below.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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