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(영문) 서울중앙지방법원 2017.12.08 2017노3418
폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts, misunderstanding of the legal principles) was as follows: (a) the victim who was 69 years old at the time of the instant case was only engaged in the Defendant only once and did not continue to commit any unlawful assault against the Defendant; (b) therefore, the Defendant’s act of threatening the victim to commit a trial expense is not a legitimate defense or passive resistance against the victim’s assault.

However, the judgment of the court below which acquitted the defendant is erroneous in the misapprehension of facts and legal principles.

2. We examine the judgment of the court below in a thorough manner with the evidence duly adopted and examined, and examine the following circumstances acknowledged by the evidence, the judgment of the court below is just and acceptable, and there is an error of law by misunderstanding the facts or by misunderstanding the legal principles as alleged by the prosecutor.

shall not be deemed to exist.

In addition, there is no other new evidence in the appellate court to support the fact that the additional prosecutor asserts in the grounds for appeal.

Therefore, prosecutor's assertion is not accepted.

(1) At the time, the victim first started to keep the defendant secret, and before that, there is no particular threat that the defendant inflicts a threat on the victim.

At the time of the occurrence of military uniforms, the victim seems to have been able to report the part of the victim's disturbance and the part of the victim's disturbance, and the defendant has the intention of attack against himself.

Hadre Madar

may be seen.

② The Defendant’s act of pushing the Defendant with even even though the Defendant was pushed down on one occasion. The Defendant’s act appears to be a tangible force to escape from the attack of the victim and to be sufficiently acceptable, and contrary to the intention of the victim’s injury, the Defendant’s act does not peep.

(3) The victim who has pushed the victim shall be tightly pushed ahead of the victim.

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