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(영문) 대구지방법원 서부지원 2014.08.27 2014고정129
상해
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a person who resides in the Daegu-gun apartment C, 102 Dong 607, and the victim D resides in the same 606 unit as the next house of the victim, and the defendant and the victim had a frequent marries due to noise between households. A.

On December 18, 2009, at around 09:00, the Defendant brought up the noise problem between the victim D (the age of 51) and the household on the 6th floor of the above apartment building 102-dong apartment building with a view to the noise problem between the victim D (the age of 51) and the household, and the victim brought up the victim's hand by plucking, plucking and plucking the victim's hand for about two weeks of treatment.

B. On March 5, 2011, the Defendant, at the same place as the preceding paragraph, at around 08:30 on March 5, 2011, claimed the victim D (the age of 52) and Si reserve, had the victim boomed the Defendant’s neck against the smuggling, and had the boomed the Defendant’s inside part of the victim.

As a result, the defendant suffered from the victim about two weeks of medical treatment, such as an internal inception room, an inception room, and a diagnosis room.

2. Determination

A. On December 18, 2009, the defendant and his defense counsel asserted that D's damage constitutes self-defense, since D's damage was suffered by the victim's wife in the process of turfing and attacking the defendant's timber and attacking D's damage.

D refers to a statement that the defendant inflicts a bodily injury by plucking or plucking the defendant's hand, but in light of the defendant's upper part, degree of injury, etc. as stated in the injury diagnosis document submitted by the defendant, the defendant's statement concerning the circumstances in which the defendant suffered the injury is credibility. D's investigative agencies and court statements are likely to believe them as they are, and there is no other evidence to acknowledge them.

Therefore, this part of the facts charged against the defendant is reasonable as an act to defend the current infringement of the body, and therefore, it is not a crime because it constitutes self-defense under Article 21 (1) of the Criminal Act.

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