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(영문) 서울동부지방법원 2015.10.30 2015노636

폭행

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (based on factual errors or misapprehension of legal principles) was assaulted by the victim, and the defendant did not assault the victim as his hand.

2. Comprehensively taking account of the evidence duly adopted and examined by the court below, including the court below's statement in D's original judgment, the defendant expressed the victim's desire and sound before the laundry site in which the victim was able to buy the defendant with the hand of the defendant, and the defendant was able to obtain the defendant's arms by hand, and the defendant was able to fully recognize the assault in this case.

Meanwhile, in light of the background and method of the crime, and the circumstances at the time of the crime, the Defendant’s act does not constitute a legitimate act that does not violate the victim’s defense against an unjust attack or social norms.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.