폭행치상
The judgment of the court below is reversed.
Defendant shall be punished by a fine of 1.5 million won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (the factual error) does not contain any fact that the Defendant did not fast up the shoulder of the victim, and the victim did not have any intention to commit violence only by putting his own left arms in two hands, but did not have any intention to commit such act. Even if the Defendant’s act constitutes the elements of the crime of assault, it constitutes a defensive act as minimum as necessary for the unlawful infringement of the victim, and thus, it constitutes a justifiable act under Article 20 of the Criminal Act.
2. Determination
A. In light of the following circumstances, the Defendant asserted the same purport as the grounds for appeal even in the lower court’s judgment, but the lower court duly admitted and examined the evidence, namely, the victim claimed a hospital emergency room at around 03:23, Jan. 23, 2015, which was 2 hours after the occurrence of the instant case; and the victim immediately taken X-ray and hospitalized the Defendant at Byungdong. In full view of the witness’s statement, the Defendant could sufficiently recognize the Defendant’s scam beyond the victim and the Defendant’s intent to commit assault.
In addition, even if the victim puts the defendant's arms, the defendant's act cannot be viewed as a legitimate act or self-defense in light of the behavior of the victim, the part and degree of the victim's injury caused by the defendant's act, etc.
Therefore, the judgment of the court below convicting the facts charged of this case is justifiable.
B. The judgment of the court below ex officio has no record of punishment heavier than that of the defendant with respect to the sentencing of the court below, and the defendant paid a certain amount of money to the victim according to the mediation established in the civil procedure with the victim when the defendant was in the trial. Accordingly, the victim does not want the punishment of the defendant, and the defendant's age, character and behavior, environment, relationship with the victim, and the crime of this case.