Main Issues
If the victim followed the victim's following, she saw the victim's stroke, thereby cutting off the stroke stroke, it can be seen as an act of violence to the extent that it could suppress the victim's resistance even if she strokes without sea.
Summary of Judgment
If the victim followed the victim's following, she saw the victim's stroke, thereby cutting off the stroke stroke, it can be seen as an act of violence to the extent that it could suppress the victim's resistance even if she strokes without sea.
[Reference Provisions]
Article 333 of the Civil Act
Defendant-Appellant
Defendant
Judgment of the lower court
Seoul Criminal Area, Seoul High Court Decision 71No722 delivered on October 25, 1971
Text
The appeal is dismissed.
70 days under detention after an appeal shall be included in the original sentence.
Reasons
The grounds for appeal by the defense counsel
As at the time of the first trial supported by the court below, if the defendant et al., approaching the victim who passed the sway at the time and time of the judgment, and the defendant met with the network, and the defendant et al. al. al., and caused an injury in need of treatment for about one week on the face and left hand, and caused an injury in such sway, then the defendant's act in the court below's judgment can be deemed as an act of violence to the extent that it could suppress the victim's resistance even if it was done without the sea, and even after examining other records, it is just in the court below's judgment that sway it is not illegal in the protocol that recognized the above injury, and as such, it is without merit in all arguments that there was no error in the judgment of larceny and the evidence that the court below erred in judging the theft.
In addition, if the sentencing is considered to be excessive, it cannot be employed in that it is not a legitimate ground for appeal in this case for which the term of three years and six months was sentenced to imprisonment with prison labor for a short term of three years and four years.
Therefore, the appeal shall be dismissed, and 70 days of detention days after the appeal shall be included in the original sentence. It is so decided as per Disposition by the assent of all participating judges.
Supreme Court Judges Kim Young-chul (Presiding Judge) (Presiding Justice) Mag-gim Kim, Kim Jong-dae and Yang-Namng