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(영문) 대전지방법원 2014.12.11 2014노2969

폭행

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

Summary of Grounds for Appeal

The defendant, who is a debtor, has been in a dispute with the victim who is a debtor, and a strokeed by the victim, is merely a part of the victim's left shoulder to escape from this point. Thus, the defendant's act constitutes self-defense or legitimate act.

The sentence of unfair sentencing (4 months of imprisonment) by the court below is too unreasonable.

Judgment

The judgment of the court below as to the assertion of legal principles is consistent with the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., (i) the victim got the defendant at the time of the instant case from the investigative agency to the court of the court below, (ii) the victim did not appear to have exercised the cross-tangible force between the defendant and the victim, and (iii) the defendant made a statement from the court below to the point that "the defendant made a mobile phone report at this time," and (iv) the defendant made a statement to the effect that "the defendant forcedly cut the cell phone from the clothes, let the cell phone cut off, and caused the tear," and (v) the defendant made a statement to the effect that "the defendant made a statement to the court below that he did not deny the victim's unilateral attack, but the defendant made a statement to the court below as to the facts charged by the public defender at the time of the instant case."