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(영문) 부산지방법원 2017.12.21 2017고정995
폭행
Text

The defendant shall be innocent.

Reasons

Some of the facts charged were corrected.

On June 5, 2016, around 20:20, the Defendant: (a) committed assault against the victim’s wife and the victim on the side of the transportation company located adjacent to the Geumdong-ro 754, Geumdong-ro 754, Geumdong-ro, Busan, Samdong-ro, 21, and (b) committed a dispute with the Defendant’s wife, against the victim’s wife and the victim’s wife, the victimized person committed an assault against the Defendant’s wife with the Defendant’s wife’s wife and the victim’s wife and the victim’s wife.

Judgment

1. Between the persons who conduct a fighting match, an attack and a defense act is conducted annually, and a defense act is a justifiable act for the purpose of defending against the people by causing only either party's act as an attack, at the same time as an attack;

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 even if the act is deemed a new affirmative attack, the illegality is dismissed as it is reasonable to allow in light of social norms (see, e.g., Supreme Court Decisions 2016Do8470, Nov. 24, 2016; 87Do464, Oct. 26, 1987). 2. According to the evidence duly adopted and investigated by this court, the following facts are acknowledged.

① On April 2016, the Defendant is in an internal relationship with the victim, who is a bus engineer who works together in a transportation company as indicated in the judgment by the Defendant’s mother, who was a household of around 2016.

At least 20:20 on June 5, 2016, it was doubtful and found in the front parking lot of the above transportation company, and the victim was able to sit on the side of the bus that the victim is driving.

Accordingly, the defendant knows that the defendant was in an internal relationship with the defendant's wife.

the victim who denies it at the time of this subsection.

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