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(영문) 대전지방법원 2014.01.23 2013노2194
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not assault the victim as stated in the facts charged of this case.

B. In light of the legal principles, the Defendant is merely taking a victim’s bridge while being assaulted by the victim. Thus, this constitutes a justifiable act that does not violate social rules.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, ① the defendant was an executive officer of the 105 apartment complex, and the victim, who is an executive officer of the council of occupants' representatives of the apartment complex, due to the use of indoor gymnasium, an indoor gymnasium attached to the apartment complex. At the time of the instant case, the defendant involved in the victim, who talks with the above members of the gymnasium, and went into fighting, and the body of the defendant. ② The victim is consistent from the investigative agency to the court of the court of the court below, and the victim stated to the purport that “The defendant was unable to put the defendant under a bridge with his hand, even if the CCTV at the time of the instant case was used as an indoor gymnasium, the victim's body and the surrounding part of the CCTV were not confirmed, and the victim's body cannot be found to have been sufficiently enough in the process of this case.”

B. According to the evidence duly asserted earlier, the Defendant is more than the victim at the time of the instant case.

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