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(영문) 대전지방법원 2020.08.19 2019노2430
폭력행위등처벌에관한법률위반(공동상해)
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendants of mistake of facts or misunderstanding of legal principles are merely misunderstanding the F out of or in the vicinity of the F in order to make the F’s price A, and there was no assaulting the F.

In addition, this case is an act of self-defense or a legitimate act that was committed in the course of suspending F's violence.

Nevertheless, the judgment of the court below which found all of the facts charged in this case guilty on different premise is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

B. Considering the fact that the Defendants are street cleanerss who live in good faith and that the instant case occurred in the course of setting up against the planned violence of F, the lower court’s sentence (Defendant A: a fine of KRW 1 million, and the remaining Defendants: a fine of KRW 1.5 million) is too unreasonable.

2. Judgment on misconception of facts or misapprehension of legal principles

A. As to the assertion that there was no violence, the Defendants asserted that the lower court did not assault F as the grounds for appeal in this part. In full view of the circumstances acknowledged by the evidence duly examined and adopted, the lower court determined that the Defendants could sufficiently recognize the fact that the Defendants jointly committed the assault as stated in the facts charged. 2) In full view of the records, the lower court’s determination is just and acceptable, and there is no error of misunderstanding of facts as alleged by the Defendants.

B. As to the assertion that an act constitutes legitimate self-defense or a legitimate act, to be recognized as legitimate self-defense, the act is designed to defend the present infringement of one’s own or another’s legal interest and must be reasonable. Thus, whether the act of defense is socially reasonable or not is infringed by the act of infringement.

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