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(영문) 서울서부지방법원 2015.09.24 2015노763
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles merely did not assault a victim as stated in the facts charged, and merely prevented the victim from reporting for the sake of the harmony of residents, and thus, there was no intent of assault. Since the audit conducted legitimate execution of duties as an auditor, it constitutes a justifiable act that does not violate the social norms.

B. The sentence of the lower court’s unreasonable sentencing (the fine of KRW 700,000) is too heavy.

2. Determination

A. 1) The evidence duly adopted and examined by the court below as to the assertion of misunderstanding of facts and misapprehension of legal principles, and in particular, according to the closed-circuit television images taken by the court below, the defendant could sufficiently recognize the fact of damaging the victim by scambling the victim's scambling the floor in the process of deceiving the victim's 112 declaration as stated in the judgment of the court below, and at the time, the defendant had the intent to injure the defendant. 2) The "act which does not violate social rules" under Article 20 of the Criminal Act refers to the act which can be acceptable in light of the overall spirit of legal order or the social ethics or social norms surrounding it. Thus, any act satisfies the requirements such as legitimacy of the motive or purpose, reasonableness of the means or method, balance of the legal interests and interests of infringement, urgency, and supplementary nature that there is no other means or method other than the act. In light of the circumstances of this case, it cannot be deemed that the act satisfies the requirements such as the means or method, balance of legal interests, urgency, urgency, and supplement.

3. The defendant's argument in this part is without merit.

B. As to the assertion of unfair sentencing, the Defendant’s primary offender is the sentencing factor favorable to the Defendant.

However, the fact that the defendant did not agree with the victim, denies the crime to the trial, and does not oppose it, and after the judgment of the court below.

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