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(영문) 서울중앙지방법원 2019.10.31 2019노2281
폭행
Text

The defendant's appeal is dismissed.

Reasons

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

A. (1) At around 15:20 on December 11, 2018, the Defendant: (a) placed the part of the victim’s chest in drinking in Jongno-gu Seoul Metropolitan Government B building one time; (b) at the time there was no intention to commit assault against the Defendant.

(2) The defendant's above acts constitute legitimate acts that do not contravene social rules.

B. ① On December 11, 2018, at around 15:30 on December 15, 2018, the Defendant sealed the victim’s shoulder and chest parts by hand in front of the 24 1st unit of the 24th calendar of the Jongno-gu Seoul, Jongno-gu, Seoul. However, this does not constitute assault.

(2) The defendant's act constitutes self-defense.

C. The punishment (fine 300,000) sentenced by the court below is too unreasonable.

2. Defendant;

A. Determination as to the assertion

A. At around 15:20 on December 11, 2018, the Defendant’s chest part of the victim’s chest part in the “B” building on one occasion, where the Defendant denies the Defendant’s intentional act, which is a subjective element of the constituent elements of the crime, the Defendant cannot objectively prove the crime itself. As such, the Defendant cannot be proven by means of proving indirect facts or circumstantial facts related to the criminal intent in light of the nature of the object. In light of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the lower court, it is reasonable to view that the Defendant had the Defendant intentionally committed the Defendant’s chest part of the victim’s chest part in the “B” building at around 15:20 on December 11, 2018, when the lower court duly adopted and investigated the evidence. Therefore, this part of the Defendant’s assertion is without merit.

1) The victim appeared as a witness in the court of the court below and entered the court of the court below as a witness, and did not return to the court of the court below.

In addition, the defendant, who entered the body of the Korean society, stated that "I would see why I would see? I will ? I will ? I will see? I will see? I would like to see. I would like to see."

Accordingly, the defendant.

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