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(영문) 서울중앙지방법원 2018.02.08 2017노3513
폭행
Text

The judgment below

Of the defendants A, the part of the defendant is reversed.

Defendant

A. The Defendant B’s appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

가. 피고인 A 1) 사실 오인 내지 법리 오해 피고인 A은 원심 판시와 달리 B의 목 부위를 쥔 사실은 없다.

However, there is a tension between B and B, and the reason is that B had difficulty entering the office of Defendant A without permission, and Defendant A attempted to leave the office to avoid this. Defendant A with one hand coming into the office of Defendant A, Defendant A was put into the office of Defendant A, and Defendant A was removed from the office of Defendant A with other hand in order to remove B by taking the head's chest and she was removed by taking the head's chest and she was removed by taking the head's chest and she was removed from the office of Defendant A with other hand, and it should be viewed that it constitutes a legitimate defense, emergency escape, etc. and thus, illegality should be dismissed.

2) The sentence of the lower court that is unfair in sentencing (an amount of one million won) is too unreasonable.

B. Defendant B (1) misunderstanding of the legal principles or Defendant B merely demanded A to have a conversation, and there was no assault as stated in the facts constituting the crime No. 1 of the judgment below.

Even if Defendant B assaulted Defendant A,

Even if there is a legitimate act that does not deviate from social norms when comprehensively taking into account the background and degree of violence, response of A, etc.

2) The sentence of the lower court that is unfair in sentencing (an amount of one million won) is too unreasonable.

2. Determination

A. Judgment on the grounds of appeal by Defendant A 1) A’s summary of the facts charged against Defendant A around December 28, 2016 at the attorney’s office located on the fourth floor of Jongno-gu Seoul Metropolitan Government building at around 17:45 on December 28, 2016, as shown in the facts constituting the crime in the judgment of the court below, Defendant A was attached to Defendant A.

After rootsing B's arms, the above victim's neck was spawn and spawned with spawn and spawned with spawn.

2) The lower court’s judgment, based on the evidence adopted, found Defendant A guilty, and found Defendant A’s legitimate defense or emergency evacuation as to Defendant A’s assertion of escape, is against the unlawful attack, where Defendant A’s spawn away from his arms, and thereby, Defendant A’s spawn and head debt.

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