(영문) 서울서부지방법원 2018.04.26 2017노598

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(영문) 서울서부지방법원 2018.04.26 2017노598

폭행

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In other words, the Defendant did not assault the victim as stated in the facts charged in the instant case.

Rather, the Defendant only resisted the Defendant’s act, such as flabing flaps and strokeing him, from the damaged person at the time, and the Defendant’s act constitutes a legitimate defense.

Nevertheless, the lower court convicted the Defendant of the facts charged of the instant case, thereby misapprehending the legal doctrine on the defense of a political party.

B. The sentence of the lower court that is unfair in sentencing (an amount of KRW 700,000) is too unreasonable.

2. Prior to the judgment on the grounds of appeal by the Defendant’s ex officio, the Prosecutor applied for changes in the indictment of this case to the following facts charged at the time of the trial. Since this Court permitted this, the judgment of the court below cannot be maintained any more in this respect.

However, the defendant's assertion of misunderstanding of the above facts or misunderstanding of the legal principles is still subject to deliberation. Therefore, this paper examines the above grounds for ex officio reversal.

3. According to the evidence duly adopted and examined by the court below on the argument of misunderstanding the facts or misapprehension of the legal principles of the defendant, the victim was forced to leave the vehicle operated by the defendant without using the direction direction, etc., and the defendant against whom the direction was given was demanded to leave the vehicle on the victim waiting for signal, and the defendant was under the influence of drinking at the time when the defendant was under the influence of drinking at 0.116% of alcohol level in blood (Evidence No. 14, 16 pages). At the time, the defendant was under the influence of drinking at 0.116% in alcohol level in blood, the victim was unable to escape the defendant who was under the influence of drinking, reported to the police by the victim, the fact that the police was dispatched to the scene according to the victim's report, and the defendant was under the police investigation.

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