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(영문) 전주지방법원 2018.09.14 2018노833
폭력행위등처벌에관한법률위반(공동폭행)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is that Defendant A was unilaterally subject to violence and indecent act from the injured party, but did not assault the injured party as shown in the facts charged. Defendant B, as the husband of the injured party, resisted only passive resistance to the injured party, and Defendant B’s act constitutes legitimate defense.

Nevertheless, the judgment of the court below that convicted the Defendants is erroneous and erroneous in the misapprehension of legal principles.

2. In full view of the following circumstances acknowledged by the judgment of the court below and the evidence duly admitted and investigated by the court below as to the Defendants’ assertion, the Defendants may jointly acknowledge the facts of assaulting the victim as stated in the facts charged, and among them, it cannot be deemed that Defendant B’s act was only passive defense against the victim’s unfair attack, and thus, it does not constitute a legitimate defense or legitimate act. In so doing, the judgment of the court below is just and there were no errors by misapprehending the legal principles or misconception of facts alleged by the Defendants

A. The victim, from the investigative agency to the original trial, had Defendant A her head flatd with her head flat and head flatd with her head flat, and Defendant B also flatd his head flat with her head flat and head flatd with her head flat.

“The purpose of “ is to consistently state”.

B. The victim was assaulted by the Defendants immediately after the instant crime was committed.

“The police reported the content to the police,” and the police officer dispatched to the site confirmed the body of the victim’s eyebrow and chlost, and requested the victim to provide support to 119.

The victim received emergency treatment on the day of the crime of this case, and was diagnosed to the effect that it is necessary to provide medical treatment for about three weeks in the name of the patient, such as brain-dead and ionbal, and ruptures, from the doctor under his jurisdiction, at the time of the following day.

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