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(영문) 의정부지방법원 2016.08.11 2016노390
폭행등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Of the facts charged in this case, the court below found the victim D guilty of each of the assault listed in Articles 3 and 4 of the List of Crimes as stated in the judgment below against the victim D, found the victim not guilty of each of the assault listed in the list of crimes as stated in the judgment below against the victim E, and sentenced the judgment dismissing the public prosecution against the injury to the victim E., the defendant appealed the guilty part, and the prosecutor appealed the guilty part and appealed the not guilty part, and dismissed part of the prosecution not appealed by the defendant and the prosecutor became final and conclusive, the scope of the judgment of this court is limited to each of the assault against the victim D.

2. Summary of grounds for appeal;

A. Defendant 1) As to each assault listed in Articles 3 and 4 of the List of Offenses as indicated in the judgment of the court below, the court below found Defendant guilty of this part without any assaulting D at all. The judgment below erred by misapprehending the legal principles.

2) Legal doctrine misunderstandings, even if the Defendant assaulted D

Even if this is conducted for the purpose of education, it is a justifiable act that does not go against social norms, and its illegality is excluded.

3) The punishment sentenced by the lower court to the Defendant (an amount of KRW 3 million) is too unreasonable.

B. Prosecutor 1) As to each assault listed in paragraphs 1, 2, and 5 of the crime sight list as indicated in the judgment of the court below, the court below found the Defendant not guilty on this part of the charges, even though the evidence submitted by the prosecutor, such as D’s statement, etc., was sufficient to find the Defendant guilty on this part of the charges.

2) The sentence sentenced by the lower court to the Defendant (a sum of three million won) is too unhued and unfair.

3. Determination

A. 1) In full view of the following circumstances that can be acknowledged by evidence duly adopted and investigated by the lower court and the first instance court’s argument (guilty part) as to the Defendant’s assertion of mistake of facts, the victim is the victim as indicated in the lower judgment.

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