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(영문) 부산지방법원 2016.09.02 2016노1274
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although there was a misunderstanding of facts and misapprehension of legal principles by asking the victim's arms, the court below found the defendant guilty of the facts charged of this case even though the victim's act of forced self-defense, self-defense, or excessive self-help constitutes an act of excessive self-defense.

B. The judgment of the court below on unreasonable sentencing (the fine of 300,000 won) is too unreasonable.

2. Determination

A. The self-defense of the assertion of mistake of facts and misapprehension of legal principles is "reasonable act to defend the present infringement of one's own or another's legal interest." The self-defense of the defendant is "a considerable act to avoid the impossibility or significant difficulty in its execution if it is impossible to preserve the right by legal procedure." According to the evidence duly adopted and examined by the court below and the court below, the defendant taken the victim's appearance; the victim discovered it and protested against the defendant's photograph; the victim's hand, who caused the victim's hand, brought the victim's hand to the victim's hand (the defendant asserted that the victim got off his cell phone at the time of the above act of the defendant, but the victim accepted the time expenses between about 10 minutes and the defendant's cell phone at the time of the above act, and the defendant's act of raising the victim's hand to the victim's hand, and the defendant's hand-on of the defendant's cell phone at the time of the above act is admitted to the defendant's own hand-on of the defendant."

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