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(영문) 대전지방법원 천안지원 2013.12.06 2013고정653
폭행
Text

The defendant shall be innocent.

Reasons

The facts charged are the relationship between the lessor and the victim C (the victim, the age of 23) and the lessee.

On February 15, 2013, around 13:30 on February 15, 2013, the Defendant sent the house to the victim who did not pay a rent before the entrance of the victim’s residence in Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, the victim demanded the director’s expenses, and assaulted the head and the chest by having the head pushed his hand over three to four times.

Judgment

1. The gist of the Defendant’s assertion is that the Defendant did not have any fact that the breast part was sealed by his/her finger, and that the Defendant was spared by his/her head when the Defendant was spared by him/her, and the Defendant was spared with the shoulder part of the victim of a dump and dump. However, such an act is deemed to have been done with the intent of the victim to defend himself/herself passively in the situation where

2. The phrase “act that does not contravene social rules” as stipulated in Article 20 of the Criminal Act regarding the Defendant’s assertion refers to an act that is acceptable in light of the overall spirit of legal order or the social ethics or social norms surrounding the act. As such, if a certain act satisfies the requirements of legitimacy of motive or purpose, reasonableness of means or method of the act, balance between the protected legal interest and the infringed legal interest, urgency, and supplementary nature that there is no other means or method other than the act, it constitutes a justifiable act.

(2) According to the evidence of this case, the Defendant, as a lessor, found the victim of the leased building at the time of this case, who was the lessee of this case, and claimed that the leased building had been severely affected by the rent, the delivery of the building, etc. before the entrance. In the process of disputing each other, the Defendant was sealed with the head of the Defendant to the effect that “the victim “the victim was “the victim, at the time of time, at the time of time,” and the Defendant was 3 to 4 times in the process of disputing each other. At the time of this case, the Defendant was a male under 68 years of age, and the victim was the victim.

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