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(영문) 서울남부지방법원 2018.05.18 2017노275
특수폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misapprehension of legal principles, the defendant committed an assault against the injured party, which led him to defend, and there was no fact that he had a knife the victim's left shoulder as stated in the facts charged, and even if it was displayed on domestic affairs, this constitutes a legitimate defense, and thus, the illegality is dismissed. The judgment of the court below is erroneous by misapprehending the facts or by misapprehending the legal principles on the legitimate defense, which affected the conclusion of the judgment.

B. Even if the court below found a guilty of an unfair sentencing, the punishment (1.5 million won, confiscation) imposed by the court below is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, namely, ① the Defendant was located near the victim and the arms at the time of the occurrence of the instant case, and the Defendant appears to have displayed the shoulder part of the victim as stated in the facts charged, and ② the victim at the time of the instant crime was withdrawn from the same attitude that the Defendant was flick or flick on the part of the Defendant’s flick during the horse match with the horse match with the Defendant, but it cannot be seen as exercising more tangible power. In light of the above, the lower court sufficiently recognized the fact that the Defendant displayed the knick, which is a dangerous object to the victim, as described in the facts charged, and in light of the background before and after the instant crime, etc., the said act by the Defendant does not constitute a legitimate defense.

Therefore, we affirm the judgment of the court below that made the same conclusion, and there were errors by misapprehending facts or by misapprehending the legal principles.

(2).

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