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(영문) 전주지방법원 군산지원 2014.02.05 2013고정198

상해

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged was around 04:30 on December 1, 2012, at the defendant's house located in the Gunsan-si, the Defendant: (a) spawned the victim's son's hair collection and breath; (b) was spawned; and (c) was spawned with a knife with a knife with a knife; (d) was spawnd with a knife with a knife with a knife with a knife, face with a knife and a part of the knife

2. Determination

A. Generally, it is difficult to view the act of attack and the act of defense committed by one of the parties as "political act" or "self-defense" or "self-defense" by putting only the acts of both parties, at the same time, as the act of attack and the act of defense was committed between one of the parties. However, even if they appear to be fighting one another, in fact one of the parties unilaterally commits an illegal attack and the other party uses tangible power as a means of resistance to protect himself/herself from such attack and escape therefrom, unless it is deemed that the act is a new affirmative attack, it is reasonable that it is permissible in light of social norms and its illegality is justified (see, e.g., Supreme Court Decision 2009Do12958, Feb. 11, 2010).

With respect to this case, the following circumstances acknowledged by the evidence submitted to this court and examined by the defendant, namely, ① the defendant was injured by the defendant's head flick, shaking the defendant's head flick, the defendant was fleeped several times, and the victim was injured by the two open head flick, the inner part flick, and the defendant was flicked by the telephone with his head flick, and the victim was flicked by the defendant's head flick, and the defendant was flick with his head flick, and the defendant was flick with his head flick with his head flick, the plaintiff was flick with his head flick with his head flick with his head flick, the plaintiff was flick, the plaintiff was flick with his head flick