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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울북부지방법원 2013.11.15 2013노871
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: although the defendant was pushed the victim with a ship and pushed the victim's neck as stated in the facts charged, even though the defendant was not guilty, it was erroneous in the misapprehension of legal principles that the defendant committed an act of self-defense or legitimate act, thereby adversely affecting the conclusion of the judgment, since the defendant's act constitutes self-defense and legitimate act, and thus, the court below convicted the defendant otherwise by misapprehending legal principles.

2. In light of the evidence duly admitted and examined by the court below, the defendant can be found to have carried the victim's neck with his/her hand, as stated in the facts charged, and immediately acknowledged the victim's neck, as stated in the facts charged, and there is no circumstance to deem that the victim first ended or frighted to the defendant. Thus, the defendant's act cannot be deemed to be a legitimate act that does not go against the social rules, or a self-defense with considerable reasons as an act to defend against the present unfair infringement upon himself/herself or other person's legal interests. Thus, the defendant's above assertion is without merit.

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

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