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(영문) 부산지방법원 2015.07.02 2014고정5293
상해
Text

The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

Reasons

1. On June 18, 2014, the Defendant, at around 23:00, tried to refuse to meet the conversation of the victim D, who was dissatisfied with the conflict of opinion regarding the election of the president of the reconstruction association, and returned home. However, the Defendant inflicted injury on the victim, i.e., the victim, who was on the stairs, by dumping the victim’s hand to prevent the Defendant from returning home, and by getting the victim go beyond the floor, on the part of the victim, for approximately three weeks of medical treatment.

2. Determination

A. According to the evidence duly adopted and examined by this court, the following facts can be acknowledged.

① On June 18, 2014, at around 23:00, the Defendant parked in the parking lot of the Busan Eastdong-gu C apartment, Busan, and called “D and E” and called “A”.

The defendant refused to do so and entered the apartment entrance stairs.

② The Defendant was able to take the Defendant’s hand, E was able to take the Defendant’s hand, followed by D was fluencing her fluencies, and her fluencing her at the Defendant’s back, and her flusium was attached to the Defendant.

③ At this time, the Defendant spreaded D’s hand to left arms, and the Defendant was in excess of D’s hand, and was in excess of E’s day after the date.

(4) D had the head of the overcoming defendant kneeped with his/her arms, and faced with his/her arms.

B. Considering the following circumstances revealed in the above facts, the defendant's act of inflicting bodily injury on the part of the defendant by breaking his/her hand into his/her left arms is deemed to lack of illegality due to considerable grounds, as an act to defend the present illegal infringement on his/her body.

(1) When D and E continue to do so, she put a fluor and arms in a fluoring space, and obstructed her returning home, the Defendant fluored D’s hand to escape from this.

(2) When considering the situation at the time, the defendant's act is committed.

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