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(영문) 광주지방법원 2017.11.28 2016노4728
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of the legal doctrine is justified as a party’s act or a party’s defense, since the Defendant merely obstructed the victim with his/her own hand.

B. The sentence of the lower court’s improper sentencing is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below and the court below, the defendant can be acknowledged that the defendant caused the damage to the injured person, and the defendant caused the damage to the injured person, and the fact that the injured person's chest was drinking once by drinking the injured person's breast. Thus, the act of drinking the injured person's breast by drinking out the injured person is merely an assault, and there was a supplementary nature required for the defense of a political party or legitimate act.

It is difficult to see it.

Therefore, the defendant's assertion of factual mistake is rejected.

B. The criminal defendant seems to have exercised minor tangible power in a contingent manner while resisting that the victim’s act of controlling the access of external vehicles.

However, the defendant was unable to agree with the victim and was punished by a fine for violent crime in 2011.

In addition, comprehensively taking into account the sentencing conditions specified in the instant case, such as the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the lower court’s punishment is only within the reasonable scope of discretion and is too heavy.

It is difficult to see it.

Therefore, the defendant's argument of sentencing is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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