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(영문) 부산지방법원 서부지원 2019.02.14 2018고합184

폭행치사

Text

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

Reasons

The summary of the facts charged is a person who is currently in a relationship with the defendant and B, and the victim C(40) was in a relationship with the above B and received different notifications from the recent B.

On May 13, 2018, at around 04:21, the Defendant was locked as B in the residence of Gangseo-gu Busan Metropolitan City, and the victim called B four times, but opened the door door and opened the password known to B as the residence of the above B, who did not receive the phone, and reported that B was accompanied by the Defendant and her bath, and collected television, and her face was taken by the Defendant to stop it.

The Defendant, by putting the victim’s body in front of the room, putting the head of the victim’s body, kidsing him on the left side side of the floor and sponsed him into the left arms, and assaulted the victim by forceing him continuously from 04:27 to 04:36, a police officer from 04:27 to 04:36 from the time of dispatch.

The injured party lost his consciousness due to the accident, and was sent to the emergency room of the F Hospital in Busan Seo-gu E, and died by the pressure of light at around 18:10 on the same day.

Accordingly, the defendant committed violence against the victim, resulting in the death of the victim.

Defendant

In addition, the claimant of the defense counsel infringed on the house B, and caused death to the defendant and B, and used serious level of violence.

The defendant feel fear of the victim's behavior without permission in his residence at Han night and took advantage of the victim's her and female friendliness to protect himself and prevent additional harm to the victim. Thus, there was no predictability about the death, and it constitutes self-defense or excessive self-defense under Article 21 (3) of the Criminal Act.