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(영문) 창원지방법원 2016.12.15 2016노1680
폭행
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles do not have a shampoo and shampoo with the victim, and the defendant's act of committing the victim's chest is a legitimate act.

Therefore, the judgment of the court below that found the defendant guilty is erroneous in misunderstanding of facts or misunderstanding of legal principles.

B. The judgment of the court below on unreasonable sentencing (the fine of 500,000 won) is too unreasonable.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below and the court below, namely, the police officer E, who was at the present site, stated in the court below that “the victim was present, and the defendant was shampoo and shampoo in Vietnam, which is not the victim,” and the defendant consistently stated that “the defendant was shampoo and shampoo on the floor of the shampoo and shampoo from the investigation process to the court of the trial, and not toward the victim,” the evidence submitted by the prosecutor alone cannot be deemed as proven to the extent that there was no reasonable doubt that the defendant was shampoo and shampoo in the course of the investigation to the extent that there was no reasonable doubt.”

Therefore, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

3. Judgment on misapprehension of legal principles

A. Whether a certain act of a legal doctrine is justified as an act that does not contravene the social norms, and the illegality is excluded, should be determined on an individual basis by taking into account the specific circumstances and reasonably. Thus, to recognize such legitimate act, first, the legitimacy of the motive or purpose of the act, the reasonableness of the means or method of the act, third, the balance of the legal interests of protected interests and infringed interests, fourth urgency, and fifth, other than that of the act.

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