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(영문) 춘천지방법원 2018.02.21 2017노21

폭행

Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. In the course of a factual mistake or dispute with the victim, the Defendant, while misunderstanding of the legal principles, committed an assault against the victim, was only a hand so that the victim, who is a male, would not be able to get the victim's desire, and thus, the Defendant committed an assault against the victim.

not, but assaulted.

Even if the circumstances leading up to violence and the degree thereof are integrated, it is a justifiable act that does not deviate from social norms.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 300,000) is too unreasonable.

2. Determination as to the mistake of facts or the assertion of justifiable acts

A. On August 15, 2016, the summary of the facts charged in the instant case, around the residence of the victim D(29 years of age) located in Hanju-si, 102 Dong 302 and Dong 302, the Defendant corrected the indictment from “the hand floor” to “the hand,” while she had a dispute with the Defendant on the ground that the Defendant’s house was sneeped, at the victim’s house located adjacent to the Defendant’s house.

In this regard, the victim assaulted the victim by pushing the victim's chest once.

B. According to the evidence duly adopted and examined in the judgment of the court below and the court below, the defendant's chest can be acknowledged as a civilian's chest with his fault. However, in full view of the following circumstances acknowledged by the records and arguments, the above act by the defendant is deemed to be an act of legitimate nature to the extent that it is reasonable to be acceptable in light of the overall circumstances, such as the content, purpose, means, and intent of the above act, and thus, it is deemed to be an act of lack of illegality.

Therefore, the defendant's appeal pointing this out is justified.

① The Defendant asserts to the effect that male victims were strucked with their fingers by taking close to and smelling around, snicking, and snicking with their fingers.

The victim appeared as a witness in the court of the first instance, and the defendant appeared before the court of the first instance and brought the victim with his desire to do so, 'the year immediately before the victim was pushed', and the defendant was on the job.