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(영문) 서울중앙지방법원 2018.11.09 2018노960
특수폭행
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

Reasons

The defendant, who misleads the defendant of the summary of the reasons for appeal, has only taken care of his son and son who was in his possession in a way of defending the victim from the conduct of assault, and did not assault the victim.

The punishment of the lower court (six months of imprisonment, one year of suspended sentence) is too unreasonable.

Judgment

The following circumstances acknowledged by the evidence duly adopted and examined by the lower court and the first instance court as to the assertion of misunderstanding of facts: (a) the victim consistently met with the Defendant’s face in the process of putting his hair and her hair up to the court; (b) thereafter, the victim took her face from the Defendant; and (c) again, the victim got her haird from the Defendant; and (d) the victim got her breath from the Defendant.

statement, at the time of the

E/F also has made a statement consistent with the statement of the victim to the effect that the defendant was aware of the victim's her her her her her her her her her her her her her her her her her her her her her her her her face and her her her her her her her her her her her her her her her her her her her her her her her her her face. In full view of the fact

In the end, this part of the defendant's assertion is without merit.

As to the assertion of a political party's defense or a legitimate act, which act does not contravene social norms, and thus, the illegality should be avoided, based on specific circumstances, and should be determined individually. Thus, to recognize such legitimate act, first, the legitimacy of the motive or purpose of the act, second, the reasonableness of the means or method of the act, third, the balance of the benefit of protection and infringement, fourth urgency, and fifth, there is no other means or method other than that of the act.

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