(영문) 창원지방법원 2018.09.12 2018노1524 | 리걸엔진

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(영문) 창원지방법원 2018.09.12 2018노1524

폭행등

Text

The defendant's appeal is dismissed.

The costs of the original judgment and the trial shall be borne by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In relation to Article 1-A and Paragraph (b) of the facts charged by misunderstanding the facts and misapprehension of the legal principles, the Defendant did not have any factual background that caused the victim C’s flaps, or that he was flapsed by flaps, and that he led the Defendant’s house by flapsing flaps, and even if the act constitutes the elements of the crime of assault, it constitutes a legitimate act that does not violate social rules.

In relation to Article 1-C of the facts charged, the Defendant did not make a victim C by making the same remarks or verbal abuse as the entries in the facts charged.

In relation to Paragraph 2 of the facts charged, even if the Defendant did not have all the shoulder of the victim F once, and the victim F merely prevented the disturbance, which constitutes the elements of the crime of assault, it constitutes a legitimate act as it does not violate social rules.

B. Sentencing (Punishment of the lower court: fine of KRW 1,500,000)

2. Determination

A. Determination of misunderstanding of facts and misapprehension of legal principles 1) The circumstance acknowledged by the evidence duly adopted and examined by the court below as to Article 1 of the facts charged, i.e., the victim C’s statement that the defendant used a breath’s fat, threatened the victim C with her bat, threatened her bat, or led her bat, leading her bat, and threatened her bats by verbal abuse to the court of the court below, can be acknowledged as charged with this part of the facts charged, and it is difficult to view it as a legitimate act.

Therefore, the judgment of the court below that found the defendant guilty of this part of the facts charged is just, and there is no error of misunderstanding of facts or misunderstanding of legal principles as alleged by the defendant.

Therefore, Defendant’s assertion is without merit.

2) As to the facts charged No. 2, the Defendant asserted the same purport in the lower court.

As to this, the lower court, based on the circumstances stated in its reasoning, deems the Defendant as the victim.

유사 판례

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