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(영문) 대전지방법원 2016.11.25 2016고단2645
폭행
Text

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. On December 31, 2015, around 14:00 to 15:00 on December 31, 2015, the Defendant: (a) had talked with the victim D (n, 64 years of age) and saton in the ward C 202 Daejeon Seo-gu Daejeon-gu, Daejeon; and (b) had been talked by the victim, against the victim’s head debt knife; and (c) assaulted the victim by taking a saton and satoning the saton.

2. According to the judgment witness D and E’s testimony, the Defendant, who was seated in the chair, left the head debt of the Defendant, and left the Defendant’s head, lost the balance of his body, and the Defendant was able to recognize the fact that he was seated on the floor as the Defendant and D were seated on the floor.

According to the above, the illegality of the defendant's act is excluded by social norms (see Supreme Court Decision 86Do1129, Oct. 14, 1986). Therefore, since the facts charged in this case do not constitute a crime, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act, and the purport of the public announcement of the verdict of innocence under Article 58 (2) of the Criminal Act is declared.

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