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(영문) 광주지방법원 2018.12.13 2018고정820
폭행
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in this case is as follows: (a) the Defendant assaulted the Defendant’s mother E at around April 11, 2018, and assaulted the Victim E at around D text stores operated by C, located in Gwangju-gu, Nam-gu, Gwangju-gu, with the Defendant’s mother; and (b) the Defendant flabed the Defendant’s bage with flaps and walked the 4-5 bridge.

2. The assertion and judgment

A. The defendant and his defense counsel asserted that the defendant exercised the tangible power against E at the above date, time, and place, but the defendant asserts that illegality is excluded because it constitutes a legitimate defense or passive resistance under Article 21 of the Criminal Act.

(b) between the persons making a fighting match to be determined, the conduct of attack and defense has been committed annually, and the conduct of defense is a legitimate act for the purpose of defending against fishing, not only by either Party’s conduct, but also by either Party’s conduct, at the same time;

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

However, in a case where one party unilaterally commits an illegal attack and the other party uses tangible force as a means of resistance to protect himself/herself from such attack and escape therefrom, the illegality is dismissed as it is reasonable to allow in light of social norms (see, e.g., Supreme Court Decisions 9Do3377, Oct. 12, 199; 2009Do12958, Feb. 11, 2010). In light of these legal principles, health class and the evidence duly adopted and investigated by this court is acknowledged as follows.

1) The starting point of the instant case seems to include the question that F, a child of E, commits an indecent act against elementary school students.

For this reason, E means that the defendant commits an indecent act against his or her own sex from his or her father.

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