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(영문) 대전지방법원 2012.12.14 2012고단2862
상해
Text

The defendant shall be innocent.

Reasons

1. On May 10, 2012, the Defendant: (a) around 11:50 on May 10, 2012, the charge of the instant case: (b) while having been doing a dispute with E, a workplace partner, in front of the stairs of the D 3rd floor located in Daejeon-gu Daejeon, the Defendant: (c) had the victim F. (26 years of age), who dumped the erobbbbb, and flad the victim’s arms with his left hand; and (d) had the victim cut away from the stairs of the third floor to the stairs of the second floor.

As above, the Defendant abused the victim and caused the victim to suffer brain injury in need of medical treatment for about 12 weeks.

2. In regard to the determination, the defendant and his defense counsel asserted that the victim was only the defendant who spawnd the defendant's breath.

First of all, it is insufficient to recognize that the defendant was pushed down with the victim's chests only by the evidence prepared by the prosecutor.

Next, according to the defendant's legal statement and the police statement of F, the defendant and E have a dispute over drinking alcohol, and the defendant had a frobbbage with the defendant's flapsing the defendant's flapsing, it is recognized that the above flapsing had been spread towards the victim's arms, and that the defendant's act was not only the passive defensive act to restrain the victim's unjust act, and it is reasonable to view that the defendant's act is reasonable to the extent acceptable by social norms since it is reasonable to the extent that it can be acceptable by social norms (see Supreme Court Decision 92Do37, Mar. 10, 192). As long as the above act is a legitimate act, it is reasonable to view that there is no danger that the defendant's act is justified by social norms since it was merely the passive defensive act to block the victim's unfair act.

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