(영문) 서울중앙지방법원 2017.11.13 2017노3511

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(영문) 서울중앙지방법원 2017.11.13 2017노3511

폭행

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The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding, misunderstanding of the legal principles, the Defendant did not flick and spath the bat of the victim B by double hand, as stated in the facts charged, and attempted to flick the B’s bridge part in his hand or tried to b with his arms.

In addition, the defendant's act constitutes a legitimate defense or legitimate act in order to oppose B's flapsing and flapsing the defendant's flapsing.

B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 500,000) is too unreasonable.

2. Determination of misunderstanding of facts or misapprehension of legal principles

A. On December 15, 2016, the summary of the facts charged in the instant case was found in the “G” office operated by F, an infant of the Defendant in Jung-gu Seoul, Jung-gu, Seoul, and 703 at around December 15, 2016.

F demanded the return of the defendant's property F to F, however, the F rejected the defendant's request on the ground that it is an issue that has already been resolved through civil procedure.

Accordingly, the defendant continued to assert the demand of the defendant F to F by entering the victim B's office and allowing the defendant to sit on the side of F's book, and demanding the defendant to refrain from standing immediately before the defendant.

However, as the defendant continued to occur in a sofion, he expressed a bath to the people who had been located in the area, and the defect B about to go F to the F by double hand, and the defendant who salkes the defendant salbbbling and salkes the victim's salbling, and salkes the victim's salbling with double hand.

B. In full view of the situation at the time of the instant case and the degree and contents of the Defendant’s exercise of force, the lower court found the Defendant guilty of the instant facts charged on the ground that the act as stated in the facts charged by the Defendant constituted an attack beyond the bounds of passive defense, and thus, it cannot be evaluated as a legitimate defense or legitimate act.

(c)

The judgment of the court below 1) recognized facts.

유사 판례

-서울중앙지방법원 2017.09.06 2017고정639

-창원지방법원 2018.02.14 2017노3483

-대구지방법원 2016.03.25 2014노4902

-대구지방법원 2018.10.19 2018노2287

-광주지방법원 2018.12.18 2018노1732