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(영문) 울산지방법원 2012.11.09 2012노517

폭행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, by mistake of facts or misapprehension of legal principles, was unilaterally abused from the victim, F, and G, and led him to bather, and was only engaged in fating the bats of the victim to escape from this point, so the Defendant’s act constitutes self-defense or legitimate act, and thus, the lower court found the Defendant guilty of the facts charged in the instant case. In so doing, the lower court erred by misapprehending the legal doctrine on self-defense or legitimate act, thereby adversely affecting the conclusion of the judgment.

B. In light of the overall circumstances of the instant case of unreasonable sentencing, the sentence imposed by the lower court on the Defendant (the fine of KRW 500,000) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below, the defendant found a guard post on the day of the case where C Guard Doz., while working in C Guard Service Doz., the defendant sought an interview with C’s security ledger and president by finding out a guard post on the day of the case. At that time, F, working in C’s guard post, who was inside the guard post, had an interview with the defendant, should not reach an interview with the defendant. In the process, the defendant and F, and the victim, who was working outside the guard post, tried to satise the body of the defendant and bring the defendant out of the guard post. During that process, the victim, who was working outside the guard post, tried to satise the body of the defendant and bring the defendant out of the guard post, and satise the defendant's satch, and it is difficult to see that the victim committed an assault with the defendant and continued to satisf, and the victim's act constitutes an unlawful act of attack and defense in light of the following facts.