(영문) 부산지방법원 2021.01.21 2020고정504

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(영문) 부산지방법원 2021.01.21 2020고정504

폭행

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The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On October 12, 2019, the Defendant: (a) 03:00 on October 12, 2019, the Defendant: (b) shicked the victim C’s shoulder in his/her hand; (c) shacked the victim C with his/her shoulder on the ground that he/she was obvious that he/she faced with the victim C (at the age of 21), and the victim D (at the age of 23), who shicked with each other; and (d) shacked the victim D (at the age of 23) with his/her hand.

Accordingly, the defendant assaulted victims respectively.

2. The assertion and judgment

A. Defendant asserted that he was assaulted by D and C, and whether he was assaulted by D and C

C's shoulder is not clear and D's shoulder was cut off to remove it from the Defendant's shoulder, and it is argued that it constitutes a legitimate defense or a legitimate act.

B. First of all, the facts revealed that the Defendant maintained C’s shoulder, and consistently denied it from the police to this court, and even CCTV images attached thereto, the investigation report (in relation to attaching CCTV data around the site of this case) and the CCTV images attached thereto, the Defendant was not protruding the shoulder of C. However, the following circumstances acknowledged by the evidence duly adopted and investigated by this court, i.e., ① the police from the police to this court, and the Defendant was tightly sealed.

It is argued that the Defendant and C are not recorded, ② the entire form of the dispute between the Defendant and C is not recorded, ③ the witness of the instant case, E also the police and this court, as the witness of the instant case wishes to be c in this court, the multilateral Defendant was pushed off with C’s shoulder part of the horses.

The statement, 4. The defendant is a party to the instant case, and the defendant is under the influence of alcohol at the time, and has been interested, it is difficult to accurately memory all his actions.

In light of the fact that we look at, it seems that the defendant's shoulder is recognized.

유사 판례

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-서울남부지방법원 2020.11.18 2019고정1512

-수원지방법원 2013.01.24 2012노3913

-대전지방법원 2019.10.18 2019고단2667