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(영문) 의정부지방법원 고양지원 2017.12.22 2017고정907

상해

Text

The defendant shall be innocent.

Reasons

1. The Defendant, as a self-employed person, is a son relationship with the victim prior to a divorce of the two-year agreement with the victim.

On May 5, 2017, around 08:30, the Defendant found the victim D (the age of 52) in front of the 1st floor floor of the Dongsan-gu Office Office Office Officetel in Mangsan-gu, U.S. In order to solve the problem of money, and the Defendant d's flaps and sound was fladd with the Defendant's flab and sound.

Therefore, the Defendant inflicted bodily injury on the victim's spawn of breath's spawn to pluck up the victim's spawn with one's hand so that it can pluck up and pluck up the victim's 14 days for treatment.

2. Determination

A. Generally, it is difficult to regard the act of attack and defense between one party as "political act" or "political defense" at the same time because the act of attack and defense was committed simultaneously between one party's act and the other party's act was in the nature of both areas, which are the attack. However, even if the act of attack was viewed as one of the parties' acts, if one party unilaterally commits an attack and the other party uses tangible power as a means of resistance to protect himself/herself from such attack and escape, unless it is evaluated as a new affirmative attack, it is reasonable to allow it in light of social norms and its illegality is dismissed (see Supreme Court Decision 2009Do12958, Feb. 11, 2010, etc.).