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(영문) 대구지방법원 2014.05.23 2014고정251

상해

Text

The defendant shall be innocent.

Reasons

1. The Defendant: (a) around 05:10 on September 24, 2013, at the “D” restaurant parking lot located in the Gyeongbuk-gun, Gyeongbuk-gun, the Defendant: (b) carried the head as the victim E ambling; (c) carried the Defendant’s fat, fatd the Defendant’s fat; (d) fatd the Defendant’s fat; and (e) fatd the victim’s chest over the ground floor in which the victim’s chest was pushed down; and (e) laid down the victim’s chest over the ground floor in which the victim’s chest needs to be treated for approximately three weeks.

2. According to the evidence duly adopted and investigated by this court, the victim is unable to associate with his body by drinking on the day of the instant case; the fact that the victim, who was in conflict with the taxi rate, was faced with the victim's body by hand with the victim's body by hand (the witness F's legal statement) and the victim was over 3 to 5 seconds at the time of the instant case (the victim's legal statement by witness G), and the defendant was over 71 years old at the time of the instant case; the victim was over 38 years old, and the victim was relatively young. According to the above facts of recognition, the above act of the defendant is nothing more than the main passive defense to prevent the illegal attack of the victim; thus, the defendant's act is deemed to be an act lacking in reasonableness to the extent permitted by social norms.

Therefore, the defendant's above act constitutes a justifiable act under Article 20 of the Criminal Procedure Act, and thus, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure