logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.09.26 2016노4834
폭행
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misapprehension of legal principles, the Defendant, first of all, did not have an assault to the extent that he did not commit a crime, or was justified as a legitimate act or a legitimate defense, in order to prevent the victim from sustaining the ebbbbage.

B. The sentence of the lower court’s improper sentencing is too unreasonable.

2. Determination

A. The summary of the facts charged and the judgment of the court below 1) On November 13:10, 2015, the Defendant: (a) committed assault on the victim’s fthrobial flaps around the F parking lot located in the Southern-gun G, by putting the victim A (55 years old) with a view to installing a frobial flacing cable in the vicinity of the freight transport cable car, and making the victim and his flacing with the victim by stating that he will go to the flacing; and (b) flacing the victim’s flap with his flac, and flading the flac.

2) The judgment of the court below held that while the defendant was in a dispute with the victim, he saw the flab, flab, and flabed about five minutes from the victim's flab, and did not merely flab off the steel rail, he saw the flab at the place outside the steel rail before and after the flab, and thus, he intentionally used the force of violence. The defendant's act was an active attack beyond the limit of passive defense, and thus does not constitute a legitimate defense or a legitimate act.

The decision was determined.

(b) A party’s deliberation and determination 1) An act of attack and defense between persons who conduct fighting in compliance with law is a legitimate act to defend one party’s acts, as the act of attack and defense was conducted annually and the act of defense was simultaneously in the nature of both sides, which are the act of attack.

It is common that it is difficult to regard it as a party's defense.

However, even if the outer fighting is viewed as one of the fightings, in fact, one of the parties unilaterally commits an illegal attack and the other party will do so.

arrow