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(영문) 부산지방법원 동부지원 2019.07.11 2018고정856
폭행
Text

The defendant shall be innocent.

Reasons

1. A around 14:55 on July 26, 2018, Defendant A (the age of 49) committed an assault, such as assaulting Defendant A’s chest part of his/her chest with his/her own ship and her left hand, to prevent a street, and sprinking the victim with his/her own ship and left hand, while the victim had a dispute over the noise between the Plaintiff and the Defendant C heading of his/her apartment apartment (the age of 24) with the victim’s D (the age of 24).

2. The assertion and judgment of the Defendant constitute legitimate self-defense or legitimate act, since the Defendant obstructed the Defendant who the Defendant want to leave the elevator to the elevator and assaulted the victim with his/her ship and left hand.

In light of the evidence duly adopted and examined by this court, the defendant was found to have been aware of the relationship with the victim E, who was living together with the victim who was living together with the victim under C, and committed an assault, such as pushing the shoulder part and the chest part of the defendant who was in dispute with E, the defendant was about to leave the scene, the defendant was about to leave the site, the victim was able to keep his breast part of the defendant's chest while blocking the defendant's front, and the defendant was able to look into the defendant's shoulder. In light of the above facts acknowledged, it is recognized that the fact that the defendant tried to go to the elevator with the victim's own ship and left hand and tried to go to the elevator. In light of the above facts, the defendant's act of pushing the victim with the victim's ship and left hand is to restrain the victim's act and to avoid the occurrence of the victim's occupation, and it seems to have not exceeded the passive limit, and thus, it is reasonable to permit the victim's exercise of defense (the degree of illegality of the victim's secret).

3. Thus, the facts charged against the defendant do not constitute a crime, and Article 325 of the Criminal Procedure Act is not applied.

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