(영문) 수원지방법원 2016.04.22 2016노1399 | 리걸엔진

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(영문) 수원지방법원 2016.04.22 2016노1399

폭행등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. Summary of grounds for appeal;

A. As to the crime of assault and assault against Defendant 1, No. 1 of the judgment of the court below, the Defendant first asked the Defendant’s abdomination in order to defend the Defendant’s abstinence, which constitutes a legitimate defense.

Since the defense of a political party's defense includes the protection defense and the attack defense, it is possible to defend the attack that is carried out in the form of an active attack such as the defendant's case, not only the passive defense against the other party's unjust infringement.

2) The punishment sentenced by the lower court (one hundred months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. The lower court’s determination on the Defendant’s assertion of misapprehension of the legal doctrine reveals that ① the victim, who became aware of the internal relationship between the Defendant and the victim’s wife, sought to talk with the Defendant on December 1, 2013 as a church where the Defendant was in office as a pastor on December 12:0, 201, and ② the Defendant attempted to talk with the Defendant on the rooftop, but the Defendant attempted to talk with the victim on the rooftop, but the Defendant’s defect did not want to have the victim, ③ the victim was protruding the Defendant’s right edge, and the Defendant was aware of the victim’s face, and the Defendant was aware of the side side of the victim several times.

In full view of such circumstances as the background of fighting between the Defendant and the victim, the fact that the Defendant first sealed the victim, the method of assault by the Defendant, the father and the degree of violence, and the situation at the time, etc., the Defendant’s defense goes beyond the degree of reasonableness in social norms and does not constitute a legitimate defense, since it is difficult to deem that the Defendant’s defense constitutes a case where there are considerable reasons for not having to do violence in the form of active attack against the victim.

Therefore, it is true.

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