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(영문) 제주지방법원 2017.06.22 2017노39
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Legal reasoning is that the Defendant, at the time of the instant case, committed an act of passive defense, thereby constituting a legitimate defense or an excessive defense or an excessive defense by defending the victim’s face. As such, the Defendant’s act constitutes a legitimate defense or an excessive defense by a passive defense.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 300,000) is too unreasonable.

2. Determination

A. 1) The lower court asserted that the Defendant’s act constitutes a legitimate defense and thus dismissed the illegality, and the lower court rejected the Defendant’s allegation on the following grounds.

According to the evidence duly adopted and examined by the court of the court below, ① the defendant, in relation to the boundary between his house and the victim's house, expected body in the boundary fence to urge the implementation of the procedure for the registration of transfer of ownership in accordance with the recommendation of settlement that the defendant raised against the victim in the lawsuit for the registration of transfer of ownership, and attached the body to the boundary fence to the boundary hand hand, ② the defendant was made in the victim on the ground that the victim was not able to take care of the victim, ② the victim was set up on the ground that the victim was not able to take care of the victim, and the victim was set up in the above boundary fence. ③ The victim was able to recognize the fact that the victim was able to take care of the victim's face with the care of the victim, and the defendant was found to have been able to have been able to have been able to have been able to have been able to have been able to have been able to defend the victim's face as an active act of attack beyond the reasonable limit.

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