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(영문) 서울중앙지방법원 2020.10.22 2020노616
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles did not have existed at the entrance of the bicycle race track in this case, and there was no reason to prevent the victim from entering the bicycle race track.

Nevertheless, the defendant's act is a legitimate act that does not violate social rules because the victim's body was faced with the victim's body while preventing the defendant's body. In other words, the defendant's act is a legitimate act that does not violate social rules.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.

2. Determination

A. In full view of the evidence duly adopted and examined by the court below, the court below prepared and submitted a written statement that the defendant sold books at the entrance of the first floor of the bicycle race track as stated in the facts constituting the crime in the judgment of the court below (J, on the day of the instant case, deemed that "the defendant was sent back to the police when he was pushed down with the bicycle race track personnel from his own bicycle race track personnel and the city race track personnel, and expressed his desire to do so by taking advantage of the employee's title, and taking advantage of the employee's status."

(2) The phrase “act that does not violate the social rules” under Article 20 of the Criminal Act refers to an act that can be accepted in light of the overall spirit of legal order or the social ethics or social norms, and it does not violate the social rules, and it is reasonable to view the illegality of a certain act as a legitimate act that does not violate the social rules, under specific circumstances.

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