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(영문) 서울북부지방법원 2020.01.17 2019노1806
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles are only kind of friendly body picture in order to escape from an unlawful state in the course of assaulting with the abusiveist two times from the victims, and there was no intentional assault by the victims.

Nevertheless, the court below erred by misapprehending the legal principles on mistake of facts, self-defense or emergency evacuation.

B. The sentence (one million won of fine) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts and misapprehension of legal principles, especially CCTV images and CDs, etc., the Defendant assaulted the Victim B on February 14, 2019, as stated in paragraph (1) of the facts charged, around 09:05, as indicated in paragraph (2) of the facts charged, and each assault committed against the Victim C and B on February 16, 2019, as described in paragraph (2) of the facts charged.

Furthermore, in light of the circumstances acknowledged by the above evidence, the Defendant’s act was committed as an active attack intent against the victims beyond the passive resistance to defend himself/herself from the attack of the victims, and thus, it cannot be deemed as self-defense or emergency evacuation.

In the same purport, the judgment of the court below that convicted the defendant is just, and it cannot be said that there is an error of misconception of facts or of misunderstanding of legal principles like the defendant's assertion.

The defendant's assertion on this is without merit.

B. If there is no change in the conditions of sentencing compared to the judgment of the first instance court on the assertion of unfair sentencing, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

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