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(영문) 부산지방법원 2017.11.03 2017노2660
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (misunderstanding of legal principles and improper sentencing)

A. The defendant's behavior is limited to the victim's decoration, which does not violate social rules.

B. The sentence of the lower court (one million won) is too unreasonable.

2. Determination

A. misunderstanding of legal principles refers to the act permissible in light of the overall spirit of legal order or the social ethics’s surrounding mind and social norms. Thus, whether a certain act does not violate social norms shall be determined individually by comprehensively considering the specific circumstances under which the act does not go against social norms (see Supreme Court Decision 2001Do5380, Jun. 10, 2004). The background of the instant case, which can be known by the evidence duly adopted and investigated by the court below (see Supreme Court Decision 2001Do5380, Jun. 10, 200), the relationship between the Defendant and the victim (the Defendant and the victim just appeared 1 or 2 times before the instant case), the degree and amount of the assault (the Defendant’s desire to do so, and the part at the time of the victim’s desire) constitutes a violation of social norms, and thus, the Defendant’s act does not violate social norms.

shall not be deemed to exist.

Therefore, the defendant's misapprehension of legal principles is without merit.

B. Although the defendant seems to have committed an act of assaulting in the course of a speech dispute, the degree of assault is minor.

Considering that it cannot be seen that there is no agreement with the victim, the sentence of the court below cannot be deemed to be unfair because the sentence is too unreasonable.

Therefore, the defendant's improper assertion of sentencing is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless.

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