logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2019.07.18 2018노707
폭행
Text

The judgment of the court below is reversed.

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. Summary of the grounds for appeal (the mistake of facts and misapprehension of legal principles);

A. The defendant of mistake of facts only caused the victim to resist the defect about to see himself in his standing, and did not assault the victim as stated in the facts charged in the instant case.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.

B. The misapprehension of the legal doctrine also constitutes self-defense against the victim, even if the Defendant’s birth in the foregoing process contacted the victim’s body, which forced the Defendant to force and interfere with towing.

Nevertheless, the court below erred by misapprehending the legal principles in finding guilty of the facts charged of this case.

2. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, since the court below can recognize the fact that the defendant committed assault against the victim by the birth of the victim's bridge that the defendant leads the victim to the second defendant after driving the defendant's chest, the defendant's assertion of mistake of facts is without merit.

3. Judgment on misapprehension of legal principles

A. According to the evidence duly adopted and examined by the court below, the following facts can be acknowledged.

1) On June 2, 2017, at around 20:00, C woodgs side (hereinafter “intersection”)

(E) According to the policy, when the Defendant attempted to make a tugboat at the top of the third floor distribution in the Bridge, the Defendant asserts C’s withdrawal from the C pastor (hereinafter “E”).

(2) The female members of E, who did not comply with the request of the Defendant, collected female members of E, and attempted to bring the Defendant into H’s arms and legs, who attempted to help the Defendant go on the side of the Defendant, and forced H to go on the part of the Defendant.

3. When female members of E attempt to force H as above.

arrow