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(영문) 서울동부지방법원 2014.10.17 2014노813
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant did not tightly cover the shoulder of the victim, and even if he was faced with the shoulder of the Defendant and the shoulder of the victim, this does not constitute the intention of assault.

Nevertheless, the lower court erred by misapprehending the facts, thereby adversely affecting the Defendant.

B. In light of the legal principles, the Defendant is faced with his shoulder and the shoulder of the victim in the process of leaving the warehouse and the meeting room in a narrow door. Therefore, it constitutes self-defense or legitimate act.

C. The lower court’s sentence of an unreasonable sentencing (a fine of KRW 300,000) imposed on the Defendant is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the defendant, as the representative of the resident in the Seoul Special Metropolitan City Gwangjin-gu, managed the meeting room of the warehouse and the meeting room of the above apartment, and there was a little dispute between G and the former resident of the above apartment, and the victim D was living in the above apartment as his father, and the victim D was living in G, and the above apartment. ② around April 18:00 on April 24, 2013, the victim demanded the defendant's house to find the house and set up the bicycle in the above warehouse and the meeting room to open the door, and ③ the defendant was placed in the above warehouse and the meeting room of the victim. ③ The defendant was said to have been in the above warehouse and the meeting room of the victim, and the defendant did not have any dispute (i.e., the victim claimed the key of the meeting room and the meeting room of the occupants, while the defendant claimed to change the key of the meeting of the occupants, and the defendant appears to have rejected it in the meeting room of the victim.

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