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(영문) 수원지방법원 2020.05.22 2019노4498
폭행치상
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Error of facts, the defendant's clothes attached to the defendant, and there was no assault against the victim only when the defendant was pushed ahead of the victim.

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. 1) The Defendant asserted a mistake of facts: “The instant case interferes with the passage of the vehicle driven by the Defendant, opened the front door of the vehicle driven by the Defendant, and the Defendant left the front door again, and left the seat of the Defendant again; however, the Defendant left the her mother who followed the Defendant and the Defendant coming to the seat of the Defendant, and the Defendant and the Defendant came to go beyond the floor when she tried to spread the victim’s hand. The Defendant did not have any criminal intent to go beyond the victim, and it is not clear whether the injury suffered by the victim was caused by the instant case. Even if the Defendant’s assault was recognized, the Defendant’s act was aimed at defending the victim’s unfair infringement, and thus constitutes self-defense.” The lower court and the first instance court acknowledged the Defendant’s act of self-defense as legitimate adoption and based on evidence, and acknowledged the Defendant’s act of assault and assault by the victim.

This part of the defendant's assertion is without merit.

(1) At the time, the victim she walked on the road and does not turn on the way to enable the vehicle driven by the defendant while driving the road, and the defendant displayed a marking that the way to sound the warning towards the victim.

In order to prevent the progress of the vehicle by opening the top door of the vehicle driven by the defendant, the victim will open the door and interfere with the progress of the vehicle, and close the top door of the vehicle opened by the victim.

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