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(영문) 서울중앙지방법원 2018.01.19 2017노3420

폭행치상

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles and improper sentencing)

A. The Defendant did not assault the victim.

B. The misunderstanding of the legal doctrine is the victim’s flabbage and flabing the head of the Defendant, and the Defendant only flab the victim’s flab to escape from this.

Such an act constitutes a passive defensive act and a legitimate defense.

(c)

The punishment of the court below is too heavy.

2. Determination

A. According to the evidence duly admitted and examined by the court below regarding the assertion of mistake of facts, the facts charged in this case can be acknowledged. Thus, the judgment below which found the guilty guilty is erroneous in the misapprehension of facts.

shall not be deemed to exist.

B. The lower court’s determination on the assertion of misapprehension of the legal doctrine cannot be deemed as a passive defense at the bottom of the summary of the evidence.

In light of the records, the judgment is just and acceptable, and there is an error of law by misunderstanding facts or misunderstanding legal principles as to the defense of a political party.

shall not be deemed to exist.

(c)

The degree of injury suffered by the victim due to the instant crime, and up to now, the Defendant made efforts to recover from damage.

In light of the fact that there is no evidence to see and all the conditions of sentencing as shown in the record, the original sentence is determined within the scope of the court’s discretion for sentencing and is too heavy.

shall not be deemed to exist.

3. The defendant's appeal is dismissed.