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(영문) 서울북부지방법원 2019.07.09 2019노286
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant does not have any misunderstanding of facts when he plans the victim for food or there was no misunderstanding of facts.

B. Legal principles (self-defense) The Defendant’s act constitutes self-defense as an act aimed at defending the victim’s attack, since it was merely a shaking of the victim’s will to stop because it was turned down from the victim, and the Defendant’s act was merely a shaking of the victim’s desire to display his or her name to that end.

C. At the time of committing the instant crime, the Defendant was in a state of mental disorder by drinking alcohol.

The sentence of the lower court on the Defendant of unreasonable sentencing is too unreasonable.

2. Determination on the grounds for appeal

A. The following circumstances acknowledged by the evidence duly examined by the lower court regarding the assertion of mistake of facts, i.e., the victim C first 2 the Defendant’s chest;

In full view of the following: (a) the Defendant was removed from one’s seat after transition, and the Defendant stated that the face was at the time of display of that seat; and (b) the Defendant’s act of assaulting the victim in the location of the victim’s vehicle; (c) the Defendant was sealed and increased in the victim’s seat after the Defendant’s use of the CCTV; and (d) the Defendant’s act of tearing the victim; and (e) the Defendant’s act of exposing the victim’s face, and the Defendant’s act of exposing the victim’s face, can be sufficiently recognized.

Therefore, this part of the defendant's argument is without merit.

B. As to the assertion of self-defense, the lower court determined that the Defendant’s act does not constitute self-defense on the grounds of the circumstances stated in its reasoning. In so doing, the lower court’s determination is just even if examining the circumstances stated by the lower court in light of the record

Therefore, this part of the defendant's assertion is without merit.

C. The record on the assertion of mental disorder reveals that the defendant.

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