beta
(영문) 의정부지방법원 2013.11.27 2013노711

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the defendant's misunderstanding of facts or misunderstanding of legal principles has been found at the time of one time as stated in the facts charged, this is merely an inevitable act in the process of preventing the victim from committing such unlawful act because he posts the leaflet of the content that slanders the defendant at the time of disclosure at the open place, and it does not constitute a crime of self-defense or legitimate act. However, the court below concluded otherwise that the defendant committed the crime of injury due to the same circumstance as the facts stated in the judgment of the court below. Thus, the court below erred by misapprehending the facts or by misapprehending the legal principles

B. The court below's decision on the issue of unfair sentencing (the fine of 500,000 won) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and investigated by the court below on the assertion of mistake of facts or misapprehension of legal principles, the act of the defendant's act of causing bodily harm to the victim is merely an expression of a private retaliation in light of its purpose or motive, so long as it is difficult to view that the physical legal interests of the victim actually infringed upon meet the requirements of the means or method chosen by the defendant, such as reasonableness of legal interests, balance of legal interests, urgency, supplement, etc., as long as it is difficult to view that the defendant's act goes beyond the socially significant scope and goes beyond the socially acceptable scope.