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(영문) 전주지방법원 2020.01.15 2019노1245

폭행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Legal principles purported to oppose the victim's exercise of violence, which constitutes legitimate self-defense or legitimate act.

(B) Although the argument of the defendant is not clear, it is intended to do so to the above purport.

The sentence of the lower court on unreasonable sentencing (fine 700,000) is too unreasonable.

2. Determination

A. In light of the legal principles’ assertion, unless there is any evidence to support the fact that the victim abused the defendant, the act of the defendant intending to take the victim’s bath and walk at the right side and the clothes one time, and then going up on the victim’s body after leaving the victim’s appearance, shall not be deemed as a passive defense to defend the victim’s unfair attack, and it does not constitute legitimate self-defense or legitimate act.

Therefore, the defendant's assertion of legal principles is without merit.

B. 1) In light of the fact that the sentencing on the grounds of statutory penalty is a discretionary judgment made within a reasonable and appropriate scope, taking into account the matters that are the conditions for sentencing under Article 51 of the Criminal Act, based on the statutory penalty, and the fact that the sentencing conditions are not changed in comparison with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it. Although the first instance court’s sentencing falls within the reasonable scope of discretion, it is desirable to reverse the first instance judgment on the grounds that it is somewhat different from the appellate court’s opinion, to refrain from imposing a sentence that does not differ from the first instance court (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). 2) In this case, it is desirable to refrain from imposing a sentence that does not change in the sentencing conditions compared with the lower court’s given the circumstance, method, etc. of the instant crime, and the Defendant’s act.