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(영문) 서울북부지방법원 2020.10.29 2020노797
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the misunderstanding of legal principles) (the misunderstanding of facts or the misunderstanding of legal principles) committed the act of cutting down the victim's chest twice because it is difficult for the Defendant to drive away from the victim, and thus, the Defendant took care of the victim's chests against the victim. Such an act of the Defendant does not constitute an assault or constitutes a legitimate act even if it does not constitute self-defense or an assault.

Nevertheless, the judgment of the court below which found a guilty of facts charged is erroneous by mistake or misunderstanding of legal principles that affected the judgment.

2. According to the evidence duly examined and adopted by the court below (In particular CCTV images), the defendant is able to recognize the fact that the defendant satisfe the victim's chest by aggressively keeping the F inf even though F, the victim's will f, and the defendant satisfe the victim's chests several times. The defendant's act constitutes "Assault" as provided in Article 260 of the Criminal Act, and further, it does not constitute legitimate act or self-defense. Thus, the defendant's assertion of misunderstanding of facts

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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