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(영문) 청주지방법원 2020.10.30 2020노298
특수폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, on the day of the instant case, did not go back to the victim’s residence, and the victim’s family was living. During the night, the victim and the victim who thought that he was found to have been satisfed, and unilaterally led to the police who was dispatched to the victim’s report while being satisfed, there was no fact that the Defendant satisfed the victim on the ground that he was satfed to the victim, and that he was satched to the victim on the ground that he was satfed by the victim’s report, and there was no fact that the victim was satched with the wall.

The defendant, who is to be deprived of a criminal, was forced by the victim and his neighbors to the two people, and was led to the police, led to the remaining victims who were frighten and interested by the police. Thus, the victim was faced with the head of the brick even if he was the victim.

Even if this is due to fear, bad faith, entertainment, or confusion in night or under other extraordinary circumstances, it constitutes excessive defense which is exempted from liability.

2. In full view of the evidence duly adopted and examined by the lower court, it can be sufficiently recognized that the Defendant’s act constituted an excessive defense of exemption from liability, as it is caused by fear, bad faith, entertainment, or yellow dust at night or in other extraordinary circumstances.

Therefore, the defendant's assertion of mistake is not accepted.

A. ① The victim D of the witness at the lower court consistently from an investigative agency to the lower court’s court’s court, and the Defendant was present at 7:00 p.m. on the day of the case.

The Defendant, even before that day, has been boomed with the past day.

The defendant is a person who is not known to the defendant, and was called to find one's own friendship in his house continuously.

There is no one who finds a good will report 112.In addition, the defendant himself.

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