(영문) 서울북부지방법원 2015.06.04 2015노75

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(영문) 서울북부지방법원 2015.06.04 2015노75

폭행치상

Text

The judgment of the court below is reversed.

The prosecution of this case is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles makes the Defendant wear clothes of the victim inevitably for the purpose of stopping the victim D, and thus there was no intent of assault against the defendant. The defendant did not have the result of the victim's injury due to the above act, and the defendant could not have predicted the result of injury. Even if the result of the defendant's act was caused by the defendant's act, the defendant's act constitutes self-defense or legitimate act, but the court below convicted the defendant of the facts charged in this case by misunderstanding of facts, or by misunderstanding of legal principles as to self-defense or legitimate act.

B. The court below's sentence of unfair sentencing (the fine of 500,000 won) imposed on the defendant is too unreasonable.

2. Determination

A. On April 24, 2013, the Defendant: (a) around April 24, 2013, leased the first floor of the Dongdaemun-gu Seoul, the building owner, Dongdaemun-gu, Seoul, and “F” is a person who operates the business in mutual name.

On December 7, 2013, at around 11:00 on December 11, 2013, the Defendant: (a) assaulted the victim by assaulting the victim, such as locking the warehouse as key before the warehouse of Dongdaemun-gu Seoul building; (b) unfolding the warehouse as key; and (c) laying down the shoulder part of the victim’s shoulder to get keys; and (d) taking the victim’s shoulder back the shoulder part of the victim’s shoulder, she suffered bodily injury, such as wing the victim’s feet.

B. The lower court found the Defendant guilty on the facts charged of this case based on the evidence adopted by the lower court.

C. In a single criminal trial for the first instance judgment, the conviction ought to be based on evidence of probative value, which leads a judge to have the conviction that the facts charged are true beyond a reasonable doubt. Therefore, if there is no such evidence, the doubt of guilt against the defendant is doubtful even if there is no such evidence.

Even the interests of the defendant are the interests of the defendant.

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