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(영문) 인천지방법원 2020.05.21 2019노2790
폭행
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 500,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit a mistake in fact by committing a assault against the victim by hand.

B. In light of the legal principles, the Defendant was only trying to prevent the victim from harming the victim. Thus, even if the Defendant committed an assault against the victim, it is dismissed as an act that does not contravene the social norms.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 500,000 won) is too unreasonable.

2. In full view of the following circumstances acknowledged by the court below's duly adopted and examined evidence, namely, the victim made a relatively consistent and concrete statement consistent with the criminal facts from the investigative agency to the court below's court, witness also stated in the court below that the victim was at the time of parking as a parking problem with the defendant, and that the victim was at the risk of committing a serious fire near the septic tank, and that there is no unreasonable part in the statement between the victim and witness's statement and the witness's statement are consistent and it can be found that the fact of assaulting the victim by hand can be acknowledged, such as the criminal facts recorded in the judgment of the court below. Thus, the judgment of the court below is justified.

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

3. Article 20 of the Criminal Act provides that "no act contrary to social rules shall be punished." The concept of social rules is defined as the basis for determining the most basic illegality. According to such provision, even if the act appears to fall under the element of crime under the language and text of the law, it is extremely limited to the case where it is considered to fall under the scope of social order which has been historically created.

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