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(영문) 서울남부지방법원 2017.08.18 2016노1590

폭행

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts or misunderstanding of legal principles) (the Defendant’s defense counsel submitted a statement to supplement the grounds for appeal on June 19, 2017 and asserted it as the grounds for appeal, but this is only asserted after the lapse of the period for filing the appeal, and thus cannot be a legitimate ground for appeal. Even if ex officio examination is conducted, the lower court’s judgment on sentencing is justifiable, and thus

In light of the circumstances described in the judgment of the court below, the defendant's act does not constitute a legitimate defense in light of the following: (a) there was no assault by the defendant by breathing the victim's breath, and (b) there was no assault by the victim's chest (misunderstanding of the facts), and (c) the victim frighted the victim to fright the defendant by frighting the defendant (misunderstanding of the legal principles); and (d) the evidence duly adopted and examined by the court below, comprehensively taking account of the evidence duly adopted and examined by the court below, the defendant can sufficiently recognize the facts of assault by breathing the victim as stated in the judgment of the court below. The defendant's act does not fall under

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.