폭행
The judgment of the court below is reversed.
Defendant shall be punished by a fine of 300,000 won.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. In light of the legal doctrine’s behavior history or history of punishment, etc., the victim’s act of taking the victim’s head in front of the church office ought to be deemed as the current unfair infringement. In order to prevent such act, the Defendant’s act of taking the victim’s head in front of the church office constitutes self-defense or legitimate act.
B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 300,000) is too unreasonable.
2. Determination
A. As to the assertion of misunderstanding legal principles, the lower court rejected the Defendant’s assertion on the ground that the Defendant’s act did not constitute self-defense or legitimate act in light of the situation at the time of the crime, the background and method of the Defendant’s assault, and the circumstances after the crime.
Examining the above judgment of the court below in comparison with the records, the judgment of the court below is just, and there is no error in the misapprehension of legal principles.
Therefore, this part of the defendant's argument is without merit.
B. As to the assertion on unfair sentencing, it is desirable that the defendant's chest is not limited to the extent of violence to prevent the victim who is a opposing party to the church from entering the office, and the victim expressed his/her intention not to want the punishment against the defendant at the time of the trial, the dispute within the church due to the crime that occurred in the course of the church dispute can be resolved by himself/herself. Since the case, it appears that the members who follow G pastor and the opposing members agree with each other, and in addition, considering all of the sentencing factors specified in the argument of the case, such as the defendant's age, character and behavior, environment, motive and means of the crime, and circumstances after the crime, it is determined that the sentence of the court below is heavy.
Therefore, this part of the defendant's argument is justified.
3. If so, the defendant's appeal is justified.