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(영문) 청주지방법원 2019.01.24 2018노809
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (misunderstanding of legal principles or factual errors);

A. The Defendant did not commit an assault against the victim by cutting breath and pushing ahead as indicated in the facts charged in the instant case.

B. Even if the Defendant was engaged in dubbling of the victim, it is merely an act for the victim’s continuous desire and assault to defend himself/herself from the victim’s constant desire and assault, and thus, it should be deemed that the illegality is dismissed according to self-defense under Article 21 of the Criminal Act.

C. Nevertheless, the court below convicted the charged facts of this case. The court below erred by misapprehending the legal principles on self-defense and thereby affecting the conclusion of the judgment.

2. We examine the judgment of the court below, and the defendant argued the same as the above reasons for appeal, and the court below rejected the above argument in detail with a detailed explanation of the judgment of the court below concerning the second to third to 18 of the judgment. In light of the above judgment of the court below in comparison with the records, the judgment of the court below is just and acceptable, and there is no error of misunderstanding of facts or misunderstanding of legal principles as alleged by the defendant.

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

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