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(영문) 대전지방법원 홍성지원 2018.07.26 2017고정99
폭력행위등처벌에관한법률위반(공동상해)
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The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

On August 26, 2016, the Defendant, along with the Defendant’s wife B (Forwarding to the Juvenile Department of the same day), was unable to return home to G and H on the ground that they do not return home to the Defendant’s wife at the front of the D cafeteria located in Bocheon-si, Ma (n, 18 years of age) and F, a parent of the Defendant, to the Defendant’s wife at the latest and late night.

Whether or not they are sent late to our father/child;

“ .............”

At this time, the victim who was on a taxi in the taxi that he was trying to return back from the taxi gets off the taxi, caused the defendant to wear his hair and scam his head, and scam the victim's head, and the defendant also gets scam on the floor by scaming the victim's head, making the victim scam down on the floor, and B gets the victim's body in the process.

Accordingly, the defendant assaulted the victim jointly with B.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness G;

1. Entry of part of the witness B in the second public trial record;

1. Police statements with respect to B;

1. The Defendant asserts that CCTV images [the Defendant only pushed the Defendant’s head debt and kneekne, but did not do other assault by passive resistance during the process of making the Defendant’s head debt knee, and that the Defendant’s citizen constitutes a legitimate act or a legitimate defense.

According to the above evidence, the victim first gets the head of the defendant and scam the defendant in the first place.

Although the defendant was also aware of the victim's head debt, the defendant can fully recognize that the victim has been seated on the floor because he/she shakes the victim's head debt.

In light of the background, method, and degree of the Defendant’s use of force against the victim, the above act by the Defendant cannot be deemed to constitute a passive resistance, and the Defendant’s act is deemed to be an act of attacking the victim’s wrongful attack rather than an act of defending the victim’s unjust attack.

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