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(영문) 광주지방법원 2015.08.12 2014노2038
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts was unilaterally assaulted by the victim F, and did not commit an assault by breathing the victim’s breath.

It is difficult to believe that the victim's photographs of damaged parts were taken after self-harm of the victim.

B. The lower court erred by misapprehending the legal doctrine by misapprehending the social norms under Article 20 of the Criminal Act inasmuch as the assault by the Defendant is insignificant and reasonable as acceptable by social norms.

2. Determination

A. In light of the following circumstances acknowledged by evidence duly adopted and examined by the court below and the court below's decision on the assertion of mistake of facts, the victim F and D have made a consistent and specific statement from the investigative agency to the court below's court, the victim's photograph (the fifth page of the evidence record) also conforms to the above statement. The police officer sent to the scene at the time was taken by the victim by accompanying the police box to the police box in the case of the victim at the court below, and the victim was taken by the victim's victim's victim's victim's victim's victim's victim's victim victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim'

B. According to the evidence duly adopted and examined by the court below and the court below as to the assertion of misunderstanding legal principles, the defendant stated in the judgment of the court below that the victim would be deducted from the victim at the time and place as stated in the judgment of the court below, and that the victim would be deprived of his/her vehicle, and the defendant would make the victim feel why he/she would go against the victim, and he/she would make the victim be frighten, and the victim and the defendant who was pushed the defendant's chest in his/her hand at the same time.

The assault of this case, known in the above facts, was committed.

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