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(영문) 수원지방법원 2016.07.08 2016노2176
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The injury of the victim in the summary of the grounds of appeal is not caused by the assault by the defendant, and the defendant is merely a legitimate defense by having the victim walk the trial expenses in advance and breath.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.

2. The Defendant also asserted the same purport in the lower court, and the lower court rejected the said argument by explaining the detailed reasons in the part “as to the determination of the Defendant and the defense counsel’s assertion” during the period of the judgment.

In light of the above, the judgment of the court below is just and there is no error as claimed by the defendant in light of the following: (a) the judgment of the court below is examined closely with the evidence; and (b) the victim C was sent to the site by the police officer, and the victim C was teared, and the witness D was put to the defendant's arms.

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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