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(영문) 서울남부지방법원 2019.07.18 2018고단6115

폭행

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 5, 2018, at around 18:25, the Defendant, a Chinese national, abused from D in a Chinese restaurant, “C” located in Guro-gu Seoul Metropolitan Government, and was drinking from D, and the business E met the above D. As a result, the Victim F (the age of 48) was a beer’s disease, which is a dangerous object around D, with the Defendant’s condition, and the victim’s head was cut to the head of the above victim, and the victim’s head could not know the number of days of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Police suspect interrogation protocol regarding F;

1. The defendant and his defense counsel asserted that the defendant's head was the self-defense or the defense of the victim's assaulted by D and the victim. The victim's head was the self-defense or the defense of the victim.

However, to recognize certain act as self-defense, it should be reasonable to protect the current infringement of one's own or another's legal interests.

In order for the defense to be established, there must be a situation that there is an objectively and objectively urgent and unfair infringement of his or another person's legal interest, and subjectively, it should be the case that the actor believed that there is such infringement situation and wants to defend it. The degree of the defense act should be reasonable in light of social norms.

According to each of the above evidence duly adopted and examined by this court, D remains at the floor of the defendant's face, and D went out of the restaurant while drinking it, and the victim went out of the restaurant. At that time, the defendant was the victim.