logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2016.09.29 2016고단1256
상해등
Text

The defendant shall be innocent.

Reasons

1. Around 03:00 on February 13, 2016, the Defendant assaulted “D” on the first floor of the Seoul Special Metropolitan City Gwangjin-gu (Seoul Special Metropolitan City Gwangjin-gu) that the victim E took a bath to the Defendant’s wife F, including three times the f’s clothes, and the f’s chest was pushed to the Defendant’s hair. The Defendant followed the Defendant’s head head by provoking, walking the f’s head head head, leaving the f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s.

2. The assertion and judgment

A. Although the alleged defendant had inflicted bodily injury on the victim as stated in the facts charged, it is reasonable to punish the victim under Article 21(1) or (3) of the Criminal Act as it constitutes legitimate defense against E violence or excessive defense.

The Defendant asserts that the Defendant did not have the intent to inflict an injury prior thereto, but the Defendant’s assertion is rejected in light of the background of the Defendant’s crime and the degree of injury inflicted upon E). B. The Defendant’s act of attack and defense is a legitimate act to defend one of the parties, since the act of attack and defense was conducted throughout the period between the fighting parties, and the act of attack and defense was also in the nature of both areas, which are the act of attack, at the same time.

It is common that it is difficult to regard it as a party's defense.

However, even if the outer fighting seems to be conducted, if one party unilaterally commits an illegal attack and the other party uses tangible power as a means of resistance to protect himself/herself from such attack and escape therefrom, it is new positive action.

arrow