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(영문) 대구지방법원 2013.10.11 2013노1143
상해
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the grounds for appeal is that the defendant was guilty of the facts charged in this case, even though the defendant was found not guilty because the defendant did not err by misapprehending the facts or by misapprehending the legal principles, even though the defendant's act constitutes passive defense against the victim's unjust attack.

2. Determination

A. On October 18, 2012, around 19:00 on October 18, 2012, the Defendant: (a) offered that the victim D (the age of 54) was provisionally attached to his/her house before the building site located in Daegu Northern-gu, Daegu-gu, Seoul-gu; (b) brought an injury to the victim’s arms on the ground that he/she was plucked, plucked, and was in his/her clothes and belts, and was in need of approximately two weeks of treatment.

B. As to the Defendant’s assertion that the Defendant’s act constitutes self-defense, the lower court rejected the Defendant’s assertion and convicted the Defendant of the charges of this case on the grounds that it is difficult to view that the Defendant’s act was for the purpose of defending the improper attack, and that it also has the character as an act of attack.

C. (1) The judgment of the political party is common in that it is difficult to view that the act of attack and defense is a legitimate act for defense or self-defense by limiting only one of the acts of the parties, because the act of attack and defense are continuously cross-sectioned, and the act of attack and defense are simultaneously in both areas where the act of attack and defense are conducted.

However, in fact, one party unilaterally commits an attack, which appears to be if it appears to be aggressive.

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