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(영문) 수원지방법원 2021.02.05 2020노5307

상해

Text

All appeals by the Defendants are dismissed.

Reasons

Summary of Reasons for appeal

A. misunderstanding of facts and misapprehension of legal principles, Defendant A did not intentionally assault the victim, and Defendant B did not spit the victim in towards the victim.

Even if the acts of the Defendants constitute violence, it is illegal as a legitimate act that does not go against social norms.

B. Each sentence of the lower court (a fine of one million won) against the illegal Defendants in sentencing is too unreasonable.

2. Determination

A. 1) The Defendants asserted the same purport as the grounds for appeal in this part, even in the lower court.

In light of the evidence duly admitted and examined by the court below, the court below acknowledged that Defendant A’s act was spiting the victim’s 2-3 kacks by cutting down the victim’s 2-3 kacks, and that Defendant B’s kacks the victim at a 1-2-meter away from the victim’s 1-2 meters away from the victim’s kacks. The defendants’ act is not contrary to social rules, in light of the motive or purpose of the act, the reasonableness of the means or method of the act, the balance of legal interests between the protected legal interests and the infringement of the legal interests, and the supplementary nature that there is no other means or method except the act.

Based on the determination, the Defendants’ assertion was rejected.

2) First, we affirm the judgment of the court below that found the above facts guilty of all the facts constituting the crime in the judgment below, and there is no error of law by misunderstanding the facts as alleged by the defendants, in light of a thorough review of the evidence duly admitted and examined by the court below.

3) We examine as to whether the Defendants’ act constitutes justifiable act.

Article 20 of the Criminal Code provides that acts that do not violate social norms shall not be punished.

참조조문