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(영문) 서울중앙지방법원 2016.04.07 2016노364
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles, the Defendant did not spawn the victim’s bat, but did not injure or injure the victim.

In addition, it is the victim's act of defending the political party or legitimate act that the victim first responded to the breath of the defendant.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 700,000) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court, such as the victim’s statement and victim’s misunderstanding of facts and misapprehension of legal doctrine, and the victim’s part photographs, etc., the facts charged of this case can be fully recognized that the Defendant saw the victim’s breath, and the Defendant’s breathing over the victim’s breath can be deemed as a legitimate act that does not go against the legitimate defense against the victim’s unfair infringement or social norms.

B. In full view of the circumstances favorable or unfavorable to the Defendant’s wrongful assertion of sentencing and other various sentencing conditions, including the Defendant’s age, sex, environment, and circumstances leading to the commission of the crime, the lower court’s sentence is too unreasonable.

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

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