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(영문) 서울북부지방법원 2017.02.02 2015노1367

폭행등

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (1) misunderstanding of facts and misapprehension of the legal principles, ① the Defendant did not assault the victim as stated in the facts constituting the crime in the original judgment, and instead did the assault against the victim.

Even if the Defendant and the victim had a certain degree of fighting match at the time of the instant case, it constitutes legitimate act or legitimate defense.

② Although the F Co., Ltd. in the judgment of the original court occupied the instant commercial building as a lessee under subparagraph 201, the F Co., Ltd. in the judgment of the lower court, the transfer order was executed on October 1, 2014 with the absence of a text of succession enforcement with respect to F Co., Ltd. in the instant commercial building.

Therefore, since the execution of delivery is illegal, it is still illegal that the "F" is an occupant, and the defendant's act constitutes a self-help act under Article 23 of the Criminal Code, and even if the degree of self-help exceeds the degree of self-help act, it is a reason for reduction or

(2) The punishment sentenced by the lower court to the Defendant (an amount of KRW 3 million) is too unreasonable.

B. Defendant B did not submit a written reason for appeal within the period for submitting the written reason for appeal.

2. Judgment on the grounds for appeal

A. According to the evidence duly admitted and examined by the court below as to Defendant A’s assertion of misunderstanding of the facts and misapprehension of the legal principles (A) according to the facts constituting the crime No. 1 (a) as indicated in the judgment below, the facts of assault against the victim as described in paragraph 1 of the facts constituting the crime in the judgment below can be sufficiently recognized, and the defendant’s act cannot be deemed as a legitimate act or a legitimate defense.

Therefore, there is no error in the judgment of the court below as alleged by the defendant, and the defendant's above assertion is without merit.

(B) Article 2 (2) of the facts constituting the crime in the judgment below (the point of infringing on the utility of compulsory execution of real estate) (1) of the court's disposition continues unless the disposition is revoked by lawful procedure.

참조조문