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(영문) 서울동부지방법원 2018.04.20 2017노1792
폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles) and the victim committed assault with each other, and the Defendant’s act deviates from the reasonableness and supplement of the method, and thus, there is no room for excluding illegality. In so doing, the lower court erred by misapprehending the legal doctrine, thereby acquitted the Defendant of the facts charged

2. In full view of the circumstances acknowledged by the evidence duly admitted and investigated, the lower court determined that the illegality of the Defendant’s act is excluded since it was a passive defensive act against C’s assault to protect himself/herself and escape therefrom, which can be permitted in light of social norms.

In light of the records, a thorough examination of the evidence duly adopted and examined by the court below, the court below's finding the defendant not guilty of the facts charged of this case on the grounds as stated in its holding is just and acceptable, and since no new evidence was submitted in the trial, there is no error of law by misunderstanding the facts as pointed out by the prosecutor and misunderstanding the legal principles, which affected the conclusion of the judgment.

subsection (b) of this section.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that it is without merit. It is so decided as per Disposition.

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