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서울중앙지방법원 2017.06.15 2017노984


All appeals filed by A and prosecutor are dismissed.


1. Summary of grounds for appeal;

A. The Defendant’s act by misapprehending the legal doctrine constitutes legitimate defense.

(2) The sentence of the lower court that is unfair in sentencing (an amount of KRW 700,00) is too unreasonable.

B. The prosecutor (misunderstanding of facts) inflicted an injury on the victim by walking the victim, who was placed on the floor of the victim A, at the time of the victim’s face.

2. Determination

A. As to the Defendant A’s assertion of misunderstanding of the legal doctrine, the lower court also rejected the Defendant’s assertion with its explanation.

According to the evidence duly adopted and examined by the court below, the above judgment of the court below is justified, and the defendant's assertion of misapprehension of the legal principles is not accepted.

B. Although there are favorable circumstances such as the degree of injury suffered by the victim of the judgment regarding Defendant A’s unfair argument of sentencing, the Defendant did not have any same criminal record. However, in full view of the following: (a) the Defendant did not seriously reflect the error; (b) the Defendant did not reach an agreement with the victim; and (c) the Defendant’s age, sex, environment, and circumstances after the commission of the crime, etc., the lower court’s punishment is too unreasonable and it is not recognized that the Defendant’s punishment is too unreasonable.


The court below found the defendant B not guilty on the grounds that it is difficult to believe the victim's statement that conforms to the facts charged against the defendant B, and that there is no other evidence to acknowledge this part of the facts charged, by clearly explaining the reasons therefor.

Examining the evidence of this case, the above judgment of the court below is just and there is no error of law by mistake of facts alleged by the prosecutor.

3. Conclusion, the appeal by the defendant A and the prosecutor is dismissed in entirety as it is without merit. It is so decided as per Disposition.