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(영문) 서울북부지방법원 2020.12.03 2020노1030
폭행치상
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles are only the two arms to prevent the victim, and they did not do so like the facts charged in the instant case, and there was no intention of assault, and therefore, the injury suffered by the victim is not caused by the Defendant’s act.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous in misconception of facts and misapprehension of legal principles.

B. The court below's sentence of unfair sentencing (the fine of 500,000 won) imposed on the defendant is too unreasonable.

2. Determination

A. The Defendant asserted the same purport in the judgment of the court below as to the assertion of mistake of facts and misapprehension of legal principles, and in light of the circumstances as stated in the reasoning of the court below, it is obvious that the Defendant is a clerical error in the indictment and the judgment of the court below where the Defendant assaulted the victim as stated in the facts charged.

살갗이 벗겨지는 상해를 입게 하였고, 피고인에게 폭행의 고의 및 상해에 대한 예견가능성도 인정된다고 판단하여 공소사실을 유죄로 인정하였다.

Examining the circumstances presented by the court below in comparison with the evidence duly adopted and examined by the court below, the judgment of the court below is just and acceptable, and the defendant's assertion of mistake of facts is without merit.

B. As to the assertion on unfair sentencing, this case does not seem to have an attitude for the Defendant to impose an apology on the victim or to seek a letter on the victim, but rather, it did not appear that the victim had been able to do so, under the circumstances unfavorable to the Defendant, in light of the following: (a) there were circumstances to consider that the Defendant had been making excessive efforts to challenge another person against his will; (b) the degree of assault was not excessive; and (c) the victim expressed his intention not to punish the Defendant at the lower court; and (d) the victim had expressed his intention not to punish the Defendant.

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