logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2015.10.14 2015노667
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles1) The Defendant’s act was committed by the victim during the course of unilaterally assaulting from the scene while the victim was committed by the victim, and the victim was contacted with the upper half of the Defendant’s chest and the victim’s body. Thus, the Defendant’s act does not constitute assault. 2) Even if the Defendant’s act constitutes assault, the Defendant’s physical contact was committed in the course of defending the victim’s unfair attack, and the Defendant did not have an intent to attack the victim. Thus, the Defendant’s act is dismissed as self-defense or legitimate act.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.

2. Determination

A. 1) Regarding the assertion of mistake of facts and misapprehension of legal principles, we examine whether the defendant's act constitutes an assault, and the victim stated in the police and court of the court below that "the victim was satisfed by the defendant's chest, the defendant was satisfed by the chest." The victim consistently stated the circumstances leading to fighting between the defendant and the victim, the circumstances leading up to fighting, the behavior of the defendant and the victim at the time, and the circumstances at the time of the crime, etc. by considering the evidence duly adopted and examined by the court below, it is recognized that the above act of the defendant constitutes an assault, which constitutes an exercise of physical force against human body, which constitutes an element of the crime of assault. Therefore, the above argument by the defendant is without merit. 2) Whether the defendant's act is dismissed as a self-defense or a legitimate act, and the perpetrator's act was satisfyed by one another, rather than an attack to defend the victim's unfair attack.

arrow