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(영문) 광주지방법원 2015.06.24 2014노2284
폭행
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s act of assault by Defendant A deviates from the extent of defending himself from the victim’s attack, and the Defendant can also be deemed to have committed an attack by taking advantage of the victim’s opportunity to attack. Therefore, the lower court acquitted the Defendant of this part of the facts charged on the ground that it constitutes a justifiable act. In so determining, the lower court erred by misapprehending

B. The Defendant’s insult of Defendant B had made a statement of insult as described in the facts charged against the victim A, and also recognized the requirements of public performance in the offense of insult. Therefore, the lower court acquitted the Defendant of this part of the facts charged, and erred by misapprehending the legal principles and misconception of facts.

2. Determination

A. The court below held that Defendant A’s act constitutes a constituent element of the crime of assault on the external part of the victim, but it is reasonable to view that Defendant A’s act does not go beyond the scope of legitimate act that is excluded from the scope of illegality due to the reasonable act that is reasonable to the extent permitted by social norms, in the situation where Defendant A’s act could be deemed as falling under the constituent element of the crime of assault on the external part of the victim, but actually, in order to defend himself/herself from the victim in the situation where he/she did or attempted to do so with a erob

In light of the records, we affirm the judgment of the court below as just, and there is no error of law such as misunderstanding of facts or misunderstanding of legal principles as argued by the prosecutor, so the prosecutor's above assertion is without merit.

B. In light of the following circumstances acknowledged by the evidence duly admitted and examined by the court below in light of the circumstances described in Defendant B’s insult, it is difficult to recognize the credibility of the victim’s statement. As stated in this part of the facts charged, the Defendant’s “a tin-opener, F tin-opener,” as indicated in this part of the facts charged.

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