(영문) 대전지방법원 2015.06.17 2014노3929 | 리걸엔진

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(영문) 대전지방법원 2015.06.17 2014노3929

상해등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts did not commit violence against the victim only unilaterally from the victim F, nor did he damaged by gathering smartphones.

B. Although the Defendant, by misapprehending the legal doctrine, carried the flabbbage and arms of the victim and laid the cell phone, it constitutes self-defense or legitimate act by an act to escape from an unfair infringement.

C. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 500,000 won) is too unreasonable.

2. The judgment of the court below

A. A. A summary of the facts charged in the instant case 1) Around 20:00 on December 22, 2013, the Defendant: (a) committed assault and assault with the victim F, the husband, and the victim F, who was the her husband, had his body fightd with each other. In the process, the Defendant used the victim’s bridge and arms to commit assault. (b) On the same date and time as paragraph (1) of this Article; and (c) on the ground that the Defendant, at the same place as paragraph (1) of this Article, recorded the victim with a smartphone to make a decision on who is the victim’s fault, recorded the victim’s smartphone, and attempted to record it with a smartphone, thereby damaging the repair cost of KRW 173,000 on the ground that the Defendant collected smartphone owned by the victim and destroyed the Defendant’s body.

B. The lower court made a statement to the same effect consistently in the investigation agency and this court, which stated that ① the police officer called upon receiving the first 112 report made a statement to the effect that: (a) the victim took a Handphone, took a bronon, took clothes; and (b) the victim made a false statement in response to the Defendant’s complaint; and (c) the victim made a bronon to ordinary mother and the branch; and (d) the victim made a bron phone call to a bronon rather than the bronon at the time of the instant case; and (c) the victim took the bronon from 173,000 won following the instant case; and (d) the victim was deemed to have been in the state of the malfunction by taking the bronon shock at the time; and

유사 판례

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