logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2016.06.16 2016노151
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant alleged misunderstanding of the facts or misapprehension of the legal doctrine was resisted by the victim on the ground that the victim was elected, and it was only contacted with the victim in the process of catching fish in order to escape from the Defendant’s satisfing.

As such, the Defendant did not assault the victim, and even if the Defendant assaulted the victim, it constitutes a legitimate defense to protect himself/herself by attacking the victim against the defendant.

Therefore, although the defendant's act does not constitute violence or legitimate defense, the court below erred by misapprehending the facts charged or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The lower court’s sentence (an amount of KRW 300,000) against the Defendant for the wrongful assertion of sentencing is too unreasonable.

2. In full view of the evidence duly adopted and examined by the court below including the Defendant’s statement in the court below’s reliable victim D, opticians in support thereof, etc., in light of the fact-misunderstanding or misapprehension of legal principles, the Defendant’s act of the Defendant, contents of damage, the form and consistency of the statement in the situation before and after the commission of the crime, etc., and the attitude of the statement in the court below to the effect that there seems to be any circumstance to be false in the said statement, etc., it can be sufficiently recognized that the Defendant committed an assault by flothing floths of the victim on the ground that the victim was extracted from his floth as stated in the facts

In addition, in light of the motive, circumstance, and attitude, etc. of such violence, there is considerable reason for the defendant's act to escape from the present unfair infringement of his body.

shall not be deemed to exist.

Therefore, we cannot accept the Defendant’s mistake of facts or misapprehension of legal principles.

3. Illegal assertion of sentencing.

arrow