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(영문) 서울고등법원 2018.01.25 2017노3047
장애인복지법위반등
Text

The defendant's appeal is dismissed.

Reasons

The lower court did not err by misapprehending the legal principles as to the violation of the Welfare Act by the disabled persons, and by misapprehending the legal principles, the Defendant did not assault F as stated in this part of the

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged and erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

The misunderstanding of facts and misapprehension of the legal principles as to insult is true, or it was contingent in the process of resisting against the illegal performance of official duties by G. Thus, it constitutes a legitimate defense or legitimate act.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged and erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

The punishment of two-year imprisonment that the court below decided against the defendant is too unfair.

Judgment

As to the assertion of misunderstanding of the facts and misapprehension of the legal principles on the violation of the Welfare Act of Persons with Disabilities, the lower court found the Defendant guilty of this part of the charges by comprehensively taking account of the evidence at the market, such as the victim F’s statement, witness H and I’s consent statement, and the Defendant’s statement recognizing part of the facts charged.

Examining the reasoning of the judgment of the court below in a thorough comparison with the records, the court below's finding of facts and judgment are just and acceptable, and there is no error of law by misunderstanding of facts or misunderstanding of legal principles as alleged by the defendant.

As to the assertion of misunderstanding of the facts and misapprehension of the legal doctrine as to insult, the lower court is deemed to have exercised a certain tangible power in order to suppress the Defendant in the course of moving the Defendant who is in a disturbance to a protective detention room, but the method or degree of exercising the relevant tangible power is necessary to maintain order in the detention room.

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