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(영문) 서울북부지방법원 2013.08.28 2013노719
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In other words, the Defendant did not have any misunderstanding of facts, but did not commit any assault against the victim.

B. In light of the background of the instant case and the degree of assault, etc., the Defendant’s act does not go against the social norms and is thus dismissed.

C. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of KRW 300,000) is too unreasonable.

2. Determination

A. We examine the argument of mistake of facts, i.e., the evidence duly adopted and investigated by the court below, and the following circumstances recognized by the court below: ① from the investigative agency to the court of the court of the court below, the victim C, the victim of the crime of this case, consistently stated from the investigative agency to the court of the court of the court below that he returned to the right; ② from the investigative agency to the court of the court of the court of the court below, the defendant consistently stated that the defendant should return to the right of the victim; ③ the police officer dispatched to the scene upon receiving the victim's report was arrested the defendant as an flagrant offender after hearing all the statements of the defendant, the victim and witness; ④ The victim's right of the victim at the time of the investigation of this case immediately after the police, can be recognized as a crime of assaulting the victim. Thus, this part of the defendant's argument is without merit.

B. In light of the legal principles’ assertion, the record reveals that there is no evidence to prove that the victim first expressed an intent to the defendant as alleged by the defendant, and in light of the circumstance and degree of assaulting the victim, the defendant’s act does not constitute self-defense or legitimate act. Thus, this part of the defendant’s assertion is without merit.

(c).

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