폭행
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than three months.
1. Summary of grounds for appeal;
A. The Defendant’s appeal 1) The crime of this case’s assertion of misunderstanding of facts and mental or physical weakness was committed on the part of the victimized person against her galking, and thus, there is a justifiable reason for the act, and at the time of the instant case, the Defendant was in a state of mental or physical weakness, such as obstruction of labor union adjustment
Nevertheless, the lower court erred by misapprehending the legal doctrine or failing to reflect the aforementioned circumstances, and instead found the Defendant guilty of the instant facts charged.
2) In full view of the instant sentencing terms and conditions, the sentence of a fine of KRW 2 million sentenced by the lower court against the Defendant is too unreasonable.
B. In full view of the reasons for the prosecutor’s appeal (unfair sentencing) of this case’s sentencing conditions, the sentence imposed by the court below is too uneasible and unreasonable.
2. On the other hand, a thorough examination of the evidence and records of the Defendant’s assertion of misunderstanding of the facts and mental or physical weakness reveals that “the legitimacy of motive or purpose of the act, the reasonableness of the means or method of the act, the balance between the protection of legal interests and the infringement of legal interests, urgency, and any other means or method other than that of the act,” cannot be found for recognizing the Defendant’s act as a justifiable act. Rather, the Defendant’s act appears to constitute an active act of attack. Therefore, the Defendant’s assertion of justifiable act is without merit.
In addition, according to the arguments and records of this case, although the defendant seems to have experienced difficulties in gathering drugs at the time of this case and appraisal adjustment, in light of the circumstances leading up to the crime, the means and methods of the crime, the circumstances before and after the crime, etc., the defendant had no or weak ability to discern things or make decisions.
Since it is not visible, the defendant's mental and physical weak argument is without merit.
3. We examine the determination of each unfair argument of sentencing.