(영문) 제주지방법원 2018.11.08 2018노158 | 리걸엔진

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(영문) 제주지방법원 2018.11.08 2018노158

폭행

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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. The summary of the grounds for appeal is that the Defendant’s speech and behavior with respect to C at the time of the instant case constitutes a legitimate defense or legitimate act against C’s desire and assault. However, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment. The sentence (200,000 won) declared by the lower court is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below, the court below erred in the misapprehension of facts or legal principles, and found that the defendant was able to recognize the fact that the defendant was danced near the face of C while hearing the bath theory from C and being pushed down on the breast and elbbow with drinking and elbbow in accordance with C, in the course of being pushed down on the breast and elbow with drinking and elbows at the time of the instant case.

According to the above facts of recognition, the above words and actions by the defendant are intimidations against C's abusive and assault to the extent that they may cause fears to C. It cannot be evaluated that they are able and passive defensive acts that may take under the social ethics and social norms in the prevailing circumstances, and that C had expressed a desire and assault to the defendant first at the time of the instant case.

The same shall also apply to the case.

Therefore, it is difficult to view the above intimidation by the defendant as a legitimate defense or a legitimate act, and the other defendant's mistake or misapprehension of legal principles is without merit.

B. In light of the following: (a) the Defendant committed the instant crime by contingency in the course of disputing with C; (b) the result of the instant crime was not much serious; and (c) other various circumstances, which are the conditions for the sentencing specified in the instant case, the sentence imposed by the lower court against the Defendant is unreasonable, and thus, the Defendant’s assertion of the penalty is justified.

3. Conclusion, in accordance with Article 364(6) of the Criminal Procedure Act.

유사 판례

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