Text
The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. Summary of grounds for appeal;
A. The Defendant did not have the intention to commit assault against the Defendant, and had the intention to commit the assault.
Even if the act is legitimate, it constitutes legitimate act.
B. The sentence of the lower court’s improper sentencing (an amount of KRW 300,000) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. On October 27, 2017, the Defendant: (a) around 21:30 on October 27, 2017, 21: (b) around the bus stops in Jung-gu Seoul, Jung-gu, Seoul, the Defendant: (c) boarded the victim’s parts of his hand; (d) boarded the victim’s rear part and arms; and (e) used the victim’s back part and arms to blue the right side part of the victim E, who said part of the facts charged.
B. According to the evidence duly admitted and examined by the lower court, the following facts can be acknowledged.
1) On October 27, 2017, around 21:30 on October 27, 2017, the victim D had a verbal dispute with the Defendant at the bus stops in Jung-gu Seoul, Jung-gu, Seoul, and the victim E, who is the driver of the victim D, was speaking for the said fighting.
2) 그러던 중 피해자 D는 피고인의 손 부위를 발로 찼고, 이러한 내용이 경찰에 신고 되었다.
3) In this situation, when the bus arrives at the bus stops, the victim D was first on the bus, and the defendant was up to the bus according to the victim D and attached D.
The victim E, who called a fighting, was listed on the bus according to the defendant, and the defendant was in contact on the part of the defendant's arms and the victim E in the process of spreading the bank.
4) Afterward, the Defendant and the victims got out of the bus, and they moved to a police box in a voluntary form of accompanying by the police officer dispatched immediately.
5) As above, the victim D was charged with assault with respect to the Defendant’s son’s sonship, and the summary order (Seoul Central District Court Decision 2017 High Court Decision 23559) became final and conclusive.
(c)
Judgment
1) Determination as to the assertion that there was no intention of assault.