(영문) 서울동부지방법원 2020.05.15 2019노1711

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자간(%)

(영문) 서울동부지방법원 2020.05.15 2019노1711

폭행

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 300,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of the grounds for appeal (misunderstanding of legal principles or factual errors);

A. The Defendant is a victim who intends to photograph dynamic images and a vagabonds, and only took a very short time a part of the victim’s timber, and did not support the part of the victim’s platform.

This minor physical contact does not constitute violence, and at the time, there was no intention of assault against the defendant, so it does not constitute violence.

Even if it falls under violence, the defendant's act is a legitimate act or self-defense in light of the degree of violence or the circumstances in which violence was committed.

B. On June 25, 2017, even though the victim expressed his/her intent not to have the Defendant punished for the crime as stated in the lower judgment, the instant public prosecution was instituted, and thus, the instant public prosecution should be dismissed as it constitutes a case where the procedure for public prosecution becomes invalid in violation of the statutory provisions.

2. Determination on the grounds for appeal

A. The Defendant also asserted the same purport in the lower court’s judgment as to the assertion on the grounds for excluding the constituent elements and illegality, and the lower court rejected the Defendant’s above assertion on the grounds of its stated reasoning, which can be known by the evidence duly adopted and examined by the lower court.

Examining the judgment of the court below closely with the above evidence, the above judgment of the court below is just, and there is no error of misunderstanding of facts or misunderstanding of legal principles as alleged by the defendant.

B. The Defendant also asserted the same purport in the lower court’s judgment as to the allegation of illegality in the indictment procedure, and the lower court rejected the above assertion on the grounds that the victim’s later complaint is valid, and the victim stated in the lower court to the effect that the victim would be punished by the Defendant, even if the victim did not want the punishment before filing

The court below held.

유사 판례

-대전지방법원 2016.11.09 2016노1529

-의정부지방법원 2018.09.18 2018노435

-대전지방법원 2020.12.02 2019노2574

-서울고등법원 2016.02.18 2015노2297

-서울중앙지방법원 2018.03.23 2018노131