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(영문) 인천지방법원 2018.11.09 2017노1460
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal (misunderstanding of legal principles) is as follows: (a) the instant crime was committed on the ground that the Defendant was hospitalized in the instant hospital due to the passage of time, and the patient was waiting to sit in the waterway until the patient went with a parking ticket; (b) however, the victim, who is a security guard of the hospital, was pushed the Defendant, and entered the hospital, and only was pushed the victim with the indication of his claim to the hospital; (c) therefore, the instant crime constitutes a justifiable act that does not violate the social norms, but is erroneous in the misapprehension of legal principles in the judgment below which found the Defendant guilty of the instant charges.

2. The following circumstances acknowledged by the evidence duly adopted by the lower court, i.e., the victim did not visit the investigative agency after 21:

In addition, he stated that he had a large sound to other security personnel while she was frightening, she had a large amount of sound to other security personnel, but she had a continuously sound, she had an article quality, body, and tightly sound. ② The CCTV of the instant hospital stated that the Defendant had talked with the Defendant as she had talked with the victim while she had a view to the opposite direction by the Defendant, and she had a talked with the Defendant. The Defendant had several times of her fingers, and the victim caused the defect to her inside the hospital, and prevented the Defendant from her body. The Defendant had a frighted on the face of the victim's chest, and ③ the witness who had complied with the instant case at the time of the arrival of the police officer upon receipt of the report was frightened with the Defendant’s great voice, and had her chest part of the victim’s chests several times with the Defendant’s voice, and had the victim interfered only with the victim’s behavior.

In light of the fact that the crime was committed, it constitutes acts that do not violate the social rules in light of the circumstances, etc.

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