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(영문) 제주지방법원 2019.01.16 2018고정15
폭행
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged and the victim B, and C are employees who perform save construction works at a new hotel in E-park located in Seopo City D in Seopo City.

At around 13:30 on December 25, 2016, the Defendant committed assault, such as assaulting the victim B’s face about five to six times by setting up against the victim B (the victim 51 years of age and South) who did not put his/her own hair at a new hotel construction site in E-park located in Seopopo City D, and assaulting the victim C with his/her own arms on one occasion.

2. In order to establish self-defense, the act of defense must be socially reasonable, taking into account all specific circumstances, such as the type, degree, method of infringement, and type and degree of legal interest to be infringed by the act of defense, etc. The act of defense as a requisite for the establishment of self-defense includes the form of anti-defense that includes not only pure passive defense but also active anti-defense, but also the act of defense must have considerable reasons for defending his/her own or another person’s infringement of legal interest.

In light of the evidence presented by the Prosecutor, the Defendant’s act of defense against the victim’s assault as stated in the facts charged can be acknowledged that the victim B was exposed to the victim’s occurrence and the victim C was threatened with the victim. However, considering the following circumstances, it is reasonable to view that the Defendant’s crime committed by the Defendant is all acts to defend the bodily violation of the victim’s body, and thus, constitutes self-defense, and thus, constitutes legitimate self-defense.

With respect to the facts mentioned below and other witnesses B and C’s legal statements, their credibility is deemed insufficient when they are based not only on the lack of consistency and mutual contradictions but also on the fact that the defendant’s appraisal remains.

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