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(영문) 인천지방법원 2017.12.07 2017고정2423
폭행
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in this case is that the Defendant is the former auditor of C in Busan-gu, Busan-gu, who actually operated the Mart, D is the head of the Mart and the victim E (57) is the current representative of D’s father’s interest.

On November 15, 2016, the victim was in the same business relationship with the defendant who was the representative of the Mart, 2016

F was engaged in business with the acquisition of the feet from F.

around 12:10 on November 16, 2016, the Defendant is the president of the Republic of Korea in the above C Office, and the Defendant must be changed to the head of the Party.

B. B. The victim and D expressed a bath to the victim, “a saved saves”

Accordingly, D has been involved in the loss of D.C.

LGoneone-day mobile phone was gathered to the face of the defendant, and the head of the defendant was teared to tear theme, and the victim was found out of the part of the victim, and he was flabed with the flab, and the victim was flabed with the flab, and the flabing of the victim's flab. In response, the defendant assaulted the victim, such as the victim's flabing the flab and flabing the flab.

2. The defendant's assertion and judgment

A. Even if the alleged defendant had a dubbling of the victim, it is unreasonable to punish the defendant as an assault merely because he was committed unilaterally by the victim and D at the time, under the circumstances where the defendant was unilaterally committed by the victim and D.

B. In full view of all circumstances, such as the form, degree, etc. of violence inflicted on the Defendant jointly with the victim and D based on the evidence duly admitted and investigated by this court, it is reasonable to view that the illegality of the Defendant’s one-time act of using flaps, as stated in the facts charged, is a passive defensive act to protect himself/herself from the victim and D’s assault and to escape it, and thus, it is permissible in light of social norms.

1) The Defendant indicated in the facts charged at the time of the instant case (hereinafter “the Defendant”).

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