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(영문) 제주지방법원 2014.12.04 2014노189
폭행
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The summary of the grounds for appeal is as follows: (a) although the Defendant did not commit an assault against the victim by duplicing the victim’s head, as described in the facts charged in the instant case, the lower court found the Defendant guilty of the crime of assaulting the victim by bringing the victim’s body and pushing the victim with each other, contrary to the entries in the instant facts charged, so the lower court erred by misapprehending facts.

2. Determination

A. On the basis of ex officio determination, the prosecutor tried to examine the facts charged in the instant case at the trial, and the prosecutor requested to amend the amendment of the indictment to the effect that "the defendant was a person who worked as the principal room at the "E" restaurant operated by the victim D (the age of 53) in Jeju City, and around 17:00 on May 23, 2013, the victim and the victim were under dispute at the above restaurant due to the monthly rate of 17:00 on May 23, 2013, in which the victim were under dispute with the victim and the monthly rate, the victim's body was shakendd by bomb, and the victim's body was pushedd by the body, and the judgment of the court below was modified by permission, and thus the subject of the judgment below was no longer maintained.

B. The Defendant asserted the changed facts charged with the crime, and the Defendant was unable to kill the victim’s breath or pushed the victim’s body and pushed the victim’s body.

This constitutes legitimate act or self-defense.

C. It is common that it is difficult to view the act of attack and defense as constituting “political act” or “self-defense” or “self-defense” inasmuch as the act of attack and defense was committed annually and the act of attack was simultaneously conducted between the fighting parties, and the two areas of attack, which are both acts of attack and defense, are restricted only by either party’s act.

However, even if the outer fighting is viewed as one of the fightings, in fact one of the parties unilaterally commits an illegal attack, and the other party exercises tangible power as a means of resistance to protect himself from such attack and escape it.

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