(영문) 서울중앙지방법원 2015.10.22 2015노3084

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 서울중앙지방법원 2015.10.22 2015노3084

상해

Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles are only those of the victim's act of assault by the victim, who received the victim's head in order to defend himself/herself, and those of the victim's brutably pushed him/herself.

The crime of violence is not established because it constitutes self-defense, since it is not illegal.

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

2. Determination

A. According to the judgment of the court below as to the assertion of mistake of facts and misapprehension of legal principles and the evidence duly adopted and examined by this court, it is recognized that the victim, first of all, assaulted the defendant with his body, pushed the defendant in his body, tight head, and the defendant against this, was pushed the victim by his head, and that the defendant assaulted the part of the victim's official play by his hand while the victim was making a high arbitrance.

Although it seems that the victim had exercised the force first against the defendant, and the extent of the exercise of the force of the defendant against it was significantly insignificant, in light of the situation at the time of the crime, etc., it is judged that the defendant's act has the character of the act of attack as an active attack beyond the passive defense against unfair attack.

Therefore, since the defendant's act cannot be seen as self-defense, this part of the defendant's assertion is not accepted.

B. In the instant case of determining the allegation of unfair sentencing, the victim not only exercised the power of force first to the defendant, but also the victim has committed assault against the defendant.

At the time of the instant case, the Defendant was 79 years old, while the victim was a strong male under 54 years old, the Defendant appears to have committed contingent assault against the victim during his action, and the degree of assault is minor.

The defendant has been punished for violence of the same kind as this case until now.

유사 판례

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