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(영문) 서울중앙지방법원 2019.10.24 2019노382
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (in fact-finding and inappropriate sentencing) is that the defendant only satisfling the victim who was dissatisfied with another person due to the contact with the motor vehicle, and rather, the defendant suffered bodily injury from the victim in the process, but the judgment of the court below which recognized otherwise is erroneous in matters of law.

Even if the defendant's above act is guilty, in light of the circumstances of the crime and the contents of the crime, the punishment of the court below (one million won of fine) is too unreasonable.

2. We examine the assertion of mistake of facts.

In full view of the following circumstances acknowledged by the evidence duly adopted and examined at the court below, namely, ① the defendant recognized the fact that he was tightly floated by the victim’s chest and float in the court below, ② the victim consistently from the investigation agency to the court below, and consistently stated that he was floated by the victim’s chest, ③ witness E, in a favorable relationship with the defendant, stated that the defendant was floated and floatd by the victim’s chest at the court below, the defendant could fully recognize the facts charged of this case, taking into account the following circumstances: (a) the defendant was floated by the victim’s chest at the court below; and (b) the victim was floated by drinking bloat; and (c) the victim’s chest was floated.

Defendant’s assertion of mistake is without merit.

(A) In light of the circumstances surrounding the instant assault, etc., it may be deemed that the Defendant argued that he/she imposed a victim until the time he/she went away, and that he/she constituted self-defense or legitimate act, even though he/she can be deemed as having satisfied the requirements for self-defense or legitimate act in light of the circumstances of the instant assault, etc.

In comparison with the first instance court, there is no change in the conditions of sentencing, and the first instance court's reasonable scope of discretion.

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