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(영문) 수원지방법원 2018.05.17 2018노200
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal is that the Defendant, while being saluted, feel salving the body by salving the body and salving the body, and did not have any intention to commit assault against the victim.

2. The following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, ① the Defendant drinking alcohol at the main point on the day of the instant case, and the employees of the said main point asked the police to assist the Defendant, who was capable of moving to the first floor stairs of the commercial building after getting out of the stairs in which the Defendant was able to move to the Defendant. ② The victim took a bath during the process of shouldering the Defendant, ② the Defendant was blue of the victim’s clothes that the Defendant talked to the Defendant, and the Defendant was blue of the part of the victim’s clothes that the Defendant talked to the latter, and the Defendant was arrested.

The police consistently made statements from the police to the court of the court below, and ③ there was a perception that the defendant was drinking another person in light of the circumstances of the above assault.

It is reasonable to see that the defendant is friendly with his body while responding to the strong behavior of the police. However, as seen earlier, the victim, who is the police officer, was provoking of the defendant. During that process, the defendant took a bath and assaulted the victim, and arrested the defendant in order to assault the victim again, so it is difficult to accept the defendant's assertion that the response to an unfair arrest is a response to an unfair arrest (if the defendant is left neglected on the first floor of the commercial building in the state of the influence of alcohol, the victim, the police officer, who was called upon receiving the report, has the duty to take measures to invalid the defendant, and when considering the degree of the defendant's main behavior at the time of the instant case, the victim, who was the police officer, who was called upon receiving the report, exercised an unfair or coercive force in the process of shouldering the defendant.

No. 3.

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