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(영문) 창원지방법원 통영지원 2019.06.11 2019고정34

과실치상

Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

The Defendant in the facts charged of this case is the victim B (Korean name:C)'s previous (Korean name and divorce).

At around 15:00 on September 6, 2018, the Defendant: (a) had a defect in the phrase, such as “the victim, who was in front of the gambling, returned the gamccot that had been in front of the gambling,” in front of the gambling, was punished between the Defendant, such as “I ambling, I dra as the law,” etc.

Accordingly, the Defendant is trying to close the door door door.

The fact that the left elbow of the victim's left part is in the main gate shall be closed and the gate shall be closed.

The victim's left part part of the elbow was shocked.

The Defendant, by these negligence, caused the victim to suffer injury, such as salt, tension, etc. of the elbows, which requires medical treatment for about 21 days.

The defendant asserts that, first of all, the victim, who thought that he was divorced from her husband due to the defendant, filed a complaint with her husband under a written injury diagnosis even though she did not have any injury at the time of the instant case.

In addition, the defendant asserts that the act of the defendant is dismissed as self-defense even if the victim suffered bodily injury in the course of his house without permission, since the defendant closes the gate to protect the peace of residence by setting up against the victim who seeks to intrude into the house without permission.

Judgment

According to the statement made by the Defendant in the Defendant’s interrogation procedure, the fact that there was contact between the body of the main and the victim in the process of closing the main gate from the inside to the outside in order to take the part of a dispute with the victim in front of the main gate.

However, at the time of the police investigation, the victim is spiting on the right side of the complainant and opened a door to the residence, and the complainant tried to restrain the complainant from doing so, but A is the intention of assault.