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(영문) 서울북부지방법원 2017.10.26 2017노1412
특수폭행
Text

The defendant's appeal is dismissed.

Reasons

misunderstanding the substance of the grounds for appeal and misunderstanding the legal principles, the Defendant did not say that the victim “abson” was “absoning,” and the Defendant did not display the camping net to the victim, and did not display the view to the victim.

In addition, the defendant was frightened by assault and verbal abuse of the victim, and frightened with a view to air conditioners. This is a legitimate act since it is an act that is acceptable in light of social norms and is not contrary to social norms.

The sentencing of the court below's improper sentencing (2 million won) is too unreasonable.

According to the evidence duly adopted and examined by the court below as to the misunderstanding of the facts of the grounds for appeal and the misapprehension of the legal principles, the defendant is found to have committed a "influence" against the victim on the second floor of the gas station in which he/she works, referring to the "influence" against the victim, referring to the "influence

In addition, even if the defendant's assertion was based on the victim's assault and bath, it was a day at the time of the victim and the trial for the reason that the main ship from the first floor of the gas station contacted the victim's vehicle, and that the defendant did not fit the victim's view as above.

Even if the second floor of the gas station office, it is difficult to view that it is a legitimate act that can be acceptable in light of the common sense of society to display the view of the water room room to the victim who is in a state of secret room.

Therefore, this part of the defendant's argument is without merit.

Although there are no circumstances that may be considered in light of the circumstances, such as the fact that the Defendant had no record of being punished for the same kind of crime, the fact that there is no change in the circumstances or circumstances that may be newly considered in the sentencing after the sentence of the lower judgment, and the Defendant’s age, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., are conditions for the sentencing as indicated in the present arguments

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