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(영문) 부산지방법원 동부지원 2017.05.10 2016고정1089
상해
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. On June 3, 2016, around 02:45, in front of the D convenience store located in Busan Shipping Daegu C, the Defendant: (a) the victim E (44) who was under the influence of alcohol, making Chinese fishing in accordance with the instant mixed-level, changed “this Chewing fe, China fe,” and “Yhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

The Republic of Korea is China's human being, and the Republic of Korea's Republic of China's Republic of Korea.

Accordingly, the victim E was able to take the face of the defendant in a number of times due to drinking, and the victim F(43 Do) who was f(43) who was f(s) who was f(s) who was f(s) who was f(s) who was f(s) who was f(s) of the victim E was f(s) who was f(s) who was f(s) who was f(s) of the victim E and f(s) who was f(s) who was f(s) who

As a result, the Defendant inflicted injury on the victim F, such as fright base, which requires approximately three weeks of medical treatment, and suffered injury on the victim E, such as the complete fright base, which requires approximately three weeks of medical treatment.

2. The Defendant asserted that he committed an act, such as denying E or F, to escape from the situation while he was assaulted in a non-discriminatory manner from E or F at the time of the Defendant’s assertion. Thus, the Defendant’s act constitutes a legitimate defense or an excessive defense under Article 21(3) of the Criminal Act that does not punish the Defendant as an excessive defense.

3. Determination

(a)an act of a political party to defend against an act of attack and a defense conducted annually between the persons engaged in the same fighting and simultaneously between the acts of attack and the act of defense conducted in the nature of both sides, which are the act of attack;

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

However, even if the outer fighting seems to be conducted, if one party unilaterally commits an illegal attack and the other party exercises tangible power as a means of resistance to protect himself/herself from such attack and to escape it, the act is a new active attack.

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