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(영문) 부산지방법원 서부지원 2019.09.10 2019고정148
상해
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Around July 14, 2018, the Defendant, at the Gangseo-gu Busan Metropolitan City Community Center B, tried to set up D, stating that “The Defendant and the position of the Defendant, who are employees of the free economic zone authority, wanting to speak at the recommendation of other victims C (59 years old)” while meeting as a matter of village development-related issues.

Accordingly, in order to prevent the defendant, the victim put the arms of the defendant, and the defendant got the victim over the floor by cutting down the arms of the victim, and caused the victim to suffer bodily injury, such as salt, tension, etc., which requires medical treatment for about 14 days.

2. The summary of the defendant's and his defense counsel's assertion did not assault C by pushing C at the time and place stated in the facts charged.

3. According to the records of this case, in light of the following circumstances, it is difficult to conclude that there was an intentional act of assault against the Defendant at the time, even if C’s police and the statements in this court, which seem to correspond to the facts charged of this case, were insufficient credibility, and that there was a fact that the Defendant spreaded C with the Defendant’s arms, such as D’s police and the statements in this court, and had the Defendant exceeded C, as stated in D’s police and this court, and it was difficult to conclude that there was an intentional act of assault against the Defendant at the time. Even if there was an intentional act of assault, in light of the motive and circumstance leading up to the Defendant’s above act, etc., the Defendant’s act was spread to prevent the Defendant from benefiting the Defendant’s arms, and thus, it is sufficiently probable to constitute a justifiable act as a passive act of defense to the extent that C did not intend to avoid self-defense or an attack. Furthermore, there is insufficient evidence to acknowledge that C

1. C At the police station, the defendant was pushed ahead of his chest with his hand.

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