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(영문) 서울북부지방법원 2016.04.01 2015노1592
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Reasons for appeal;

A. In fact, on March 14, 2014, the Defendant was found to have taken his/her hand floor after dancing his/her hand floor on the victim’s buck, and there was no fact that he/she applied his/her her buck with the victim’s buck on May 30, 2014.

B. The Defendant’s act of misapprehension of the legal doctrine constitutes a justifiable act at the student guidance level.

(c)

The punishment of the court below is heavy.

2. Determination

A. According to the evidence duly examined and adopted by the judgment on the assertion of mistake of facts, the facts of assault against the victim as stated in the facts constituting the crime can be fully recognized.

B. The Defendant’s act, such as the facts constituting a crime in the judgment of the misapprehension of the legal doctrine, cannot be deemed as an act of objective feasibility that can be accepted in light of the social norms in light of its method and degree.

B. Considering the various sentencing conditions indicated in the record of the determination of the illegality of sentencing, the lower court’s punishment is heavy.

subsection (b) of this section.

3. Conclusion, Defendant’s appeal cannot be accepted.

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