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(영문) 제주지방법원 2021.02.17 2020고정641

폭행치상

Text

The defendant shall be innocent.

Reasons

1. The facts charged in the instant case is the resident of Jeju apartment unit D at Jeju, and the defendant A is the resident of the same apartment unit E and is the neighbor of the next floor.

B around April 10, 2020, around 17:30 on Jeju, caused the injury to Defendant A, such as the mouth of the first bones, which requires approximately five weeks of treatment of Defendant A, due to the noise problem between the floor and the conversation that occurred before and after the noise problem between the elevator F and the elevator inside the elevator.

Defendant

A, during the time and place mentioned above, while the victim B(n, 38 years of age) was in conflict with the victim B(n, 38 years of age) and the victim B was in conflict with the victim B's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son'

2. At the time of the case where the defendant and his defense counsel asserted, since the injured person committed a crime against the two children of the defendant and the defendant, such as bodily injury by confinement, assault, bodily injury by violence, crime of child welfare law, etc., and the defendant's act was pushed down with the victim's hand and body during the process of protesting against the defendant to escape, it constitutes legitimate defense.

3. Determination

A. According to the evidence duly adopted and examined by the court, the following facts can be acknowledged.

1) 사건 당시 피고인과 피고인의 두 자녀 (7 세 여아, 4세 남아) 는 아파트 8 층에서 엘리베이터에 탑승하여 1 층으로 내려가기 시작했는데, 7 층에서 엘리베이터가 멈추더니 피해자가 엘리베이터에 탑승하여 ‘ 왜 이렇게 쿵쿵 거리냐

As “The Defendant began to talk with one another, and she directly told South Korea that “an excessive satisfy” was satisfy.

2) Among them, the elevator arrived at the first floor and opened a door, and the defendant was first the victim of the defect whom the defendant intends to move ahead of the door and “to be a locked short-time”, and the defendant was the defendant.