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(영문) 울산지방법원 2015.07.24 2015노410
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds of appeal is that the act of this case is self-defense as the defendant aims to defend himself/herself from an unlawful attack by the victim.

2. The judgment of the court below and the court below revealed the following facts based on the evidence duly admitted and examined by the court below, namely, the defendant and the victim's children claimed each other during the training course of the same swimming course, and even though I actively called the defendant and the victim's fighting in the middle, the defendant continued to have the head of the victim's head satch and satis over several times, and the defendant committed an illegal attack unilaterally by the victim, taking into account the following circumstances: the relation between the defendant and the victim, the relationship between the victim and the victim, the situation at the time of the instant case, the degree of exercising the defendant's tangible power, the part and degree of the victim's injury, etc.

The Defendant cannot be deemed to have exercised force only to the extent of passive defense as a means of resistance to protect himself/herself from an illegal attack and escape therefrom.

Therefore, the defendant's above assertion is not accepted.

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

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