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(영문) 서울동부지방법원 2018.01.12 2016노370
상해등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant AF’s appeal 1) The lower judgment that found Defendant AF guilty of the facts charged without accepting the following allegations by misunderstanding the facts and misapprehending the legal doctrine, which erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

① Defendant AF’s act constitutes a legitimate act, which is a passive resistance to restrain the victim H and B from interfering with discussions, and which does not go against social norms.

② In light of the fact that the victim B was unable to believe in the written diagnosis of injury to the victim B, and that the victim was holding a slick on the slick, etc., the victim B suffered an injury on the slick face by Defendant AF’s assault.

shall not be deemed to exist.

2) In light of the developments leading up to the occurrence of the instant case, etc., the sentence of a fine of KRW 3 million sentenced by the lower court against Defendant AF is too unreasonable.

B. Defendant B’s ground of appeal 1) The Defendant B did not have any fact of misunderstanding the victim AF’s face, and did not have any intention to injure, and there was no relation between the victim AF’s injury and the Defendant’s act.

Nevertheless, the lower court erred by misapprehending the facts and thereby finding the Defendant guilty of the facts charged.

2) In light of the background leading up to the occurrence of the instant case’s allegation of sentencing and the degree of violence used by Defendant B, etc., the penalty of KRW 1 million sentenced by the lower court is too unreasonable.

2. Judgment on Defendant AF’s misunderstanding of facts and misapprehension of legal principles

A. We examine the argument that the act constitutes a justifiable act. Even after closely examining the evidence duly adopted and examined by the court below and the materials submitted by Defendant AF, there is no means or method other than the justification of the motive or purpose of the act, the reasonableness of the means or method of the act, the balance between the legal interests and the legal interests infringed, urgency, and other means or method to recognize the act by Defendant AF as a justifiable act.

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