(영문) 서울고등법원 2018.05.16 2016노3372 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2018.05.16 2016노3372

상해

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of the facts or misunderstanding of the legal doctrine, the Defendant, who was the victim, was sexually bread and pushed the victim’s breath, and did not have the intent of assault.

Even if there was an intentional act of assault

The defendant's act constitutes a legitimate defense or legitimate act.

2) The punishment sentenced by the lower court (an amount of KRW 700,000) is too unreasonable.

B. In full view of the statements made by the victim and CCTV images, etc., it is recognized that the Defendant inflicted an injury on the victim (hereinafter “the instant injury”) on the side part of the left-hand slot in need of treatment between approximately three months of the victim, and on the left-hand upper part of the upper part of the upper half of the upper half of the upper half of the upper half of the upper half of the upper half of the upper half of the day.

2) The sentence sentenced by the lower court is too unhued and unreasonable.

2. Determination

A. An ordinary attack and a defense act is conducted between persons who fight in accordance with the judgment of the misunderstanding of the facts or misapprehension of the legal doctrine of a defendant, and a defense act is simultaneously conducted, and the two areas of the attack, which are both acts of attack. Thus, even if they appear to be fighting, in fact one party unilaterally commits an illegal attack and the other party exercised force as a means of resistance to protect himself/herself from such attack, barring special circumstances, such as where one party unilaterally committed an illegal attack and the other party exercised force as a means of resistance to escape from such attack.

(1) The Defendant cannot be deemed as a party defense (see, e.g., Supreme Court Decision 2011Do13927, Dec. 8, 2011). The following circumstances revealed by the evidence duly admitted and examined by the lower court and the appellate court, namely, the Defendant committed an assault, i.e., the Defendant’s e., the Defendant’s e., e., the Defendant’s e., e., the Defendant’s e., the e., the e., the e.,

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