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(영문) 울산지방법원 2020.05.15 2019고정407

폭행

Text

The defendant shall be innocent.

Reasons

1. On November 5, 2018, the Defendant: (a) committed assault on the part of the victim E and the victim’s body fighting in the process of booming that the victim D her past flings and her own flings in a general restaurant of the first floor of the building in Ulsan-gu, Ulsan-gu; (b) around November 23:36, 2018; and (c) committed assault by the victim E and the victim’s body fightings, with the face of the victims.

2. Determination

A. According to each of the evidence of this case, it is recognized that the defendant committed an act, such as wearing a door to E and D, pushing a face, pusheding his body, etc. as stated in the facts charged of this case.

B. Furthermore, we examine whether the Defendant’s act constitutes legitimate act as self-defense or passive act of resistance.

According to the video files stored in the CD attached to the instant evidence record (hereinafter “instant video files”), the following facts are recognized:

The video of this case is confirmed from November 5, 2018 to November 3: 5, 2018 as follows, based on the time indicated in the video of this case, as CCTV images that dissipated the location of this case.

D Do's strong attachment of the Defendant to the Defendant, thereby pushing the Defendant with the tables, and E.

In addition, D, following the defendant's head debt, the white paper, which the defendant gets in front of the defendant, was placed in shopping bags, and E and D seem to be clear.

D and E were assaulted against the defendant who sited, and the defendant was pushed ahead of his face in order to injure them.

In light of these facts, the defendant's act is nothing more than a passive resistance to escape from a legitimate act to escape from the current unfair infringement of his body or to escape from a sudden attack of the other party as an act to defend against a sudden attack of D and E.

On the other hand, the act of transferring the video of this case to November 5, 2018 before the beginning of 23:36 seconds.