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(영문) 춘천지방법원 원주지원 2017.02.02 2016고정384

상해

Text

The defendant shall be innocent.

Reasons

1. The Defendant and C in the facts charged together with a family relation, who had a new church, and the Defendant did not attend the new church due to her husband’s edification.

In order to edification C(34) the Defendant informed C's family members of the fact that C is not a new tent church, and the Defendant made a fire to C's family members.

At around 19:30 on September 8, 2016, the Defendant found D Apartment 108 Dong 1102 and 1102 at the home of the Defendant, who had a 108-dong 108-dong 102, and exercised violence, such as taking the Defendant’s head debt by hand, and exercised violence, such as taking the Defendant’s head debt by hand, against which the Defendant used violence, such as taking the Defendant’s head debt in both hands, thereby putting C’s head debt into two hands, thereby going into questioning C’s c’s head debt for about 14 days.

2. The act of defending the current and unfair infringement of one’s own or another’s legal interest does not be punishable when there are reasonable grounds (Article 21(1) of the Criminal Act). In order to establish a legitimate defense, the act of defending the infringement must be socially reasonable, taking into account all specific circumstances, such as the type and degree of the legal interest infringed by the infringement act, the method of infringement, the completion of the infringement act, and the type and degree of the legal interest infringed by the defense act (see Supreme Court Decision 92Do2540, Dec. 22, 1992, etc.). The following circumstances acknowledged by the evidence duly adopted and investigated by the court (see Supreme Court Decision 92Do2540, Dec. 22, 192, 1) (i) C requested the defendant to find a disturbance at the home of the defendant and open an entrance, and (ii) the defendant’s husband was sealed with the principal’s husband by opening the door, and (iii) the defendant demanded the head of C to leave the house, but did not comply with C’s debt.