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(영문) 대구지방법원 2020.08.21 2019노3679
폭행
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles constitute self-defense even if the victims committed violence against the defendant, and they did not have committed violence against the victims, and even if the defendant's act constitutes violence, it constitutes self-defense.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (700,000 won of a fine) is too unreasonable.

2. Determination

A. The lower court rejected the Defendant and the defense counsel’s assertion of misunderstanding of facts and misapprehension of legal principles in the lower court’s determination on the same assertion as the grounds for appeal in this part, and rejected the lower court’s determination following the summary of evidence in the lower judgment

In light of the following circumstances acknowledged by the evidence duly adopted and examined at the court below, i.e., ① the statements of the victims in the investigative agency and the court of the court of the court below, which correspond to the facts charged in the instant case, are consistent and reliable, ② the background leading up to the dispute between the Defendant and the victims, and the content of the assault used against the other party, etc., the Defendant’s act was not to defend the victim’s unfair attack but to attack against the victims, and thus, it cannot be deemed that the Defendant committed assault against the victims as stated in the facts charged in the instant case, and it does not constitute self-defense.

The judgment below to the same purport is just, and there is no error of misunderstanding of facts or misunderstanding of legal principles alleged by the defendant, and this part of the defendant's assertion

B. Although the Defendant did not agree with the victims on the assertion of unfair sentencing, there are unfavorable circumstances, the degree of assault exercised by the Defendant is minor, and is female.

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