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(영문) 서울북부지방법원 2018.10.19 2018노1312
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not have the intention of assaulting the facts or misunderstanding the legal principles.

At the time of the instant case, the injured person saw the Defendant as drinking while booming the Defendant. It is merely merely that the Defendant sicked during the seat of the Defendant, and even if sick on the victim’s body, it is nothing more than immediately contact the victim’s body. The Defendant’s display of stick constitutes a passive act to defend the victim’s desire and defending the Defendant.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 500,000) is too unreasonable.

2. Judgment on the misapprehension of the legal principle or mistake of facts

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below as to whether the defendant had the intent to commit an assault against the defendant, i.e., ① the victim appeared at an investigative agency that the defendant had the victim's arms on the left side and the left side part of the victim two times (Evidence records 7, 31-32 pages). ② In the case of CCTV at the time of the case, when the defendant puts the victim's arms by hand, and (see 20170801136 02 02 - 02 -6 - 02 - 136 - f f c) when the defendant took the victim's arms with his stick (see e.g., Supreme Court Decision 20170808011380 - 02 - 106 - 1.6 - c).

In full view of the fact that the defendant made a statement, as stated in the judgment of the court below, he could sufficiently recognize the fact that the defendant committed an assault against the victim, and that there was an intentional assault against the defendant, so the above argument by the defendant is without merit

B. We examine whether the defendant's act constitutes a legitimate defense;

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