logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.12.01 2016노1017
폭행
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. There is no fact that there was a mistake of facts or an assault against the victim of legal principles.

Even if some physical contacts (the act of taking the arms of the victim) occurred, this is merely an act of resisting the victim who assaults and tried to leave the place of the defendant, or an act of harming the victim, and there was no intention of assaulting the defendant.

Also, the defendant's act constitutes acts that do not go against social norms.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 300,000) is too unreasonable.

2. Determination

A. As to the circumstances of this case, the victim stated in the investigative agency that "the victim made a head once a drinking house while the defendant was called as the flick flick flick flick flick flick flick flick flick flick flick flick flick flick flick flick flick flick flick flick flick flick flick flick flick flick flick," while the defendant stated that "the defendant made a statement to the police that "the defendant was a flick flick flick flick flick flick flick fl, and the defendant was flick flick fld and flick fl, and the defendant was flick flick fl."

B. First of all, we examine the part of the facts charged in the instant case that “the Defendant took the victim’s head at one time by hand.”

The Defendant consistently stated that he filed a report with the police, and the victim did not make any particular reference to the report, and also stated that the arrest of a flagrant offender was accompanied by “the fact of the crime and the grounds for arrest” as well as “the fact of the crime and the grounds for the arrest of a flagrant offender sent to the scene.”

Considering the above point, the defendant's statement that reported to the police is true.

arrow