(영문) 의정부지방법원 2021.01.14 2018노3030

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2021.01.14 2018노3030

폭행

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 200,000 won.

However, the period of one year from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. In fact, misunderstanding the legal principles and misunderstanding the victim did not harming the victim, and the victim only prevented the victim's chest by driving the victim's head.

Therefore, even if the defendant did not assault the victim, it constitutes a legitimate defense.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misapprehension of legal principles as to the defense of a party.

B. The punishment sentenced by the lower court (200,000 won) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. On February 6, 2018, the Defendant assaulted the victim’s chest in front of the “C cafeteria” located on the Seo-gu, Seo-gu, Busan, and the 1st floor, Seoyang-gu, Seoyang-gu, Seoul, and the 1st floor of the instant facts charged, with the victim D(52 3).

B. The lower court found the Defendant guilty of the instant facts charged on the grounds indicated in its reasoning.

(c)

The Defendant also asserted the same purport as the grounds for appeal, and the lower court rejected the Defendant’s assertion and found the Defendant guilty of the instant facts charged on the grounds of its stated reasoning.

According to the evidence duly adopted and examined by the court below, all of the circumstances revealed by the evidence revealed by the court below, and in other words, it is difficult to recognize the defendant's above act as a legitimate defense to defend the present unfair infringement in light of the following circumstances: (a) the defendant was in conflict with the victim due to the occurrence of vision with the victim; and (b) the defendant's act was hard to recognize as a legitimate defense to defend the present unfair infringement; and (c) the defendant assaulted the victim as stated in the above facts charged.

full recognition may be accepted.

Therefore, this case.

유사 판례

-수원지방법원 2018.12.21 2018노6657

-수원지방법원 2018.12.12 2018노6062

-대전지방법원 2017.04.20 2017노279

-의정부지방법원 2018.10.15 2018노771

-창원지방법원 2018.04.12 2017노2658