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(영문) 청주지방법원 2014.06.27 2013노366
폭행
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 100,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In order to prevent the victim from theft of ginseng owned by the Defendant, the Defendant’s act constitutes a crime of self-defense, self-defense, or legitimate act. As such, the Defendant’s act falls under the victim’s act of self-defense, self-help, or legitimate act.

B. The lower court’s sentence on the ground of unreasonable sentencing (the fine of 300,000 won) is too unreasonable.

2. Determination

A. On July 25, 2012, at least 10:30 on July 25, 2012, the Defendant alleged that the Defendant 1 had a right of defense against the Defendant’s left part of the facts charged, “The Defendant, on the grounds that he did not use the Defendant’s use of the Defendant’s right of defense against the Defendant’s use of the Defendant’s use of a dry field as a part of the Defendant’s use of a dispute with the Defendant’s use of a ginseng field.” The lower court, on July 25, 2012, determined that “The Defendant, on the grounds of his respective legal statements made by the Defendant and the Victim, changed the shape of the Defendant’s use of the ginseng field to the Defendant’s use of the ginseng field as a part of the facts charged against the Defendant’s use of the ginseng field, on July 10, 2012, and did not use the Defendant’s use of the ginseng field as a part of the Defendant’s use of a dispute with the Defendant’s name and dry field.”

The act of self-defense or legitimate, such as the reason for appeal.

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