(영문) 청주지방법원 2016.02.18 2015노952 | 리걸엔진

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(영문) 청주지방법원 2016.02.18 2015노952

폭력행위등처벌에관한법률위반(공동상해)등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 1) In relation to the crime No. 1 of the facts stated in the judgment below, the defendant set up against the victim's assault and thus constitutes legitimate defense.

2) In relation to the crime No. 2 as indicated in the judgment below, the Defendant did not agree with the patrol car, which is a case for public use.

B. The sentence of the lower court’s improper sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. In order to establish a political party’s defense of the assertion of defense by a political party of the facts constituting an offense in the lower judgment, the defense act should be socially reasonable, taking into account all specific circumstances, such as the type, degree, method of infringement, the completion of the act of infringement, and the type and degree of the legal interest to be infringed by the act of defense.

According to the evidence duly admitted and examined by the court below, it is recognized that the victim committed partial assault against the defendant, such as breathing the defendant.

However, according to the above evidence, the victim abused the victim's face at one time after 1 to two minutes of the defendant's bat, and most of the victims were satisfing around the victim's face at the time, but most of the victims were satisfing, and the victim was assaulted as indicated in the judgment of the court below because many people including the victim's bat and the defendant's bat, were unable to move back the fighting, and the victim was injured by the victim's batfeing of the left-hand bat, etc.

In light of these circumstances, the act of the defendant as stated in paragraph (1) of the crime of the lower judgment does not constitute a legitimate defense, which is a tangible force exercised as a means of resistance to escape from the unilateral attack of the victim.

We do not accept this part of the defendant's assertion.

B. The lower court’s judgment on the allegation of innocence No. 2 of the facts constituting the crime indicated in the lower judgment.

유사 판례

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