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(영문) 의정부지방법원 2018.10.15 2018노771
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, while the victim and the victim were involved due to the cancellation of the substitute driving with the victim, the defendant did not see or injure the victim's face in his/her hand, while he/she was in contact with the victim's face when he/she pusheds tobacco into the victim's face.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. misunderstanding of the legal principles, even if the defendant was involved in the victim's face by hand,

This is also a legitimate defense for the defense of the victim's act of infringement.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misapprehension of legal principles as to the legitimate defense.

(c)

The punishment sentenced by the court below which is unfair in sentencing (the amount of 500,000 won) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged in the instant case was assaulted by the Defendant, on March 4, 2017, on the street, on the ground that the Defendant revoked after filing an application for the driver’s license on behalf of the victim E (age 45) on the street in front of the “D Chinese Council member” located in the Gui-si, Ma-si, Ma-si, Ma-si, on the ground that he/she revoked the application.

B. The lower court found the Defendant guilty of the instant facts charged on the grounds indicated in its reasoning.

(c)

A thorough examination of the lower court’s judgment and the evidence duly admitted and investigated by the first instance court in light of all the circumstances revealed by the lower court.

In addition, the victim's report to 112 immediately after the victim was assaulted by the defendant and reported the facts of the assault by the defendant can sufficiently recognize the facts of the assault by the defendant, such as the above facts charged.

Therefore, the judgment of the court below which found the Defendant guilty of the facts charged of this case is justifiable, and thus, the Defendant’s assertion of mistake is rejected.

3. Legal principles are erroneous.

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