(영문) 서울남부지방법원 2013.07.04 2012노1959

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(영문) 서울남부지방법원 2013.07.04 2012노1959

폭행

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant;

A. The Defendant, on March 21, 2012, committed an error of fact and misapprehension of legal principles (1) on the part of the Defendant’s assaulted on March 21, 2012, under delegation of the C market non-Dong reconstruction Association’s business, managed the site, but the husband of the victim opened a door of the

At the time, if a construction project operator, who did not receive construction cost from a reconstruction association, was under the possession of the reconstruction site, was opened at the reconstruction association, the reconstruction association can take possession away. As such, the reconstruction association was in an urgent situation, and the defendant tried to close the door of the reconstruction site, and the victim interfered with the defendant, thereby spreading it only by the defendant.

In other words, while the defendant was managing the reconstruction site, he committed a legitimate act against the victim's illegal act, and only caused the victim to spread the bridge.

(2) On June 12, 2012, the Defendant: (a) opened a reconstruction association’s site door and requested the victim to leave without permission to enter into the reconstruction site and engage in illegal business; (b) the victim refused to comply with the request; (c) the Defendant resisted the victim’s body first; and (d) the Defendant did not assault the victim on his body in response to the request.

B. The penalty of the lower judgment on the grounds of unreasonable sentencing (fine 1,000,000) is too unreasonable.

2. Determination on the grounds for appeal

A. Determination on the assertion of mistake of facts and misapprehension of legal principles (1) evidence duly examined and adopted by the court below on March 21, 2012, and in particular, according to the victim's partial statement in the court below's original decision and photograph (the victim's breath and breath form), it is sufficiently recognized that the defendant used the victim's shoulder at the time of the instant case and used the victim's shoulder. Thus, this part of the defendant's assertion is without merit.

CCTV CDs submitted by the Defendant and video-recordings.

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