(영문) 춘천지방법원 2016.10.20 2015노822 | 리걸엔진

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자간(%)

(영문) 춘천지방법원 2016.10.20 2015노822

폭행

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant was off his mother and her mother, and there was no fluoration of the victim, and the victim and her body faced with each other, and thus, the Defendant cannot be viewed as assault, since she gets off her mother and her body, the victim and her body met with each other.

B. Although a misapprehension of the legal principle is recognized as an act of assaulting assault, it is not unlawful as it constitutes passive resistance or self-defense as it was committed in the process of setting up a defense against the victim, who had been parked without permission in the parking lot exclusively for reading room.

2. Determination

A. We affirm the judgment of the court below which recognized the fact that the defendant committed an assault against the victim's chest by keeping the victim's her mother and her body with the victim's body when comparing the evidence duly adopted and examined by the court below with the records and closely, and there is no error of law of misunderstanding of facts.

(CCTV image asserts that the defendant exceeded the mother and her mother towards the victim, and that the defendant was faced with the shoulder, not the chest of the victim, and the defendant was faced with the shoulder. If there is no change in the fact that the defendant was against the shoulder of the victim, even though he was faced with the shoulder of the victim's body, there is no change in the fact that the defendant was found to have faced with the shoulder of the victim. B can be recognized by the body of the defendant).

Even if the judgment of the court below regarding the assertion of legal principles, such as the defendant's assertion, even if the defendant started to park his own vehicle at his own discretion in the parking space of the reading room, the resolution of the dispute by assault is not legitimate even if it is not legitimate. Therefore, it cannot be deemed as legitimate self-defense or legitimate act by having the defendant assaulted the victim on the ground that the victim was erroneous.

3. As such, the defendant's appeal is without merit and Article 364 (4) of the Criminal Procedure Act is not reasonable.

참조조문

-형사소송법 제364조 제4항

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