(영문) 서울서부지방법원 2018.01.11 2017노1376

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 서울서부지방법원 2018.01.11 2017노1376

폭행

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below found the defendant guilty even though the defendant's act was committed to defend against the threat of the victim, and there was no assault against the victim, and even if the exercise of the defendant's tangible power is recognized, it constitutes a legitimate defense. The court below erred by misunderstanding the facts or misunderstanding the legal principles.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 500,000) is too unreasonable.

2. Determination

A. According to the facts-misunderstanding or legal principles of the court below, among the evidence duly adopted and examined by the court below, the victim B’s legal statement and the black knee video CD in the trial process by the defendant and the victim, it is recognized that the defendant was faced with the victim’s face by sneeing the victim’s knee by the head, and considering the following circumstances before and after the above action and the reaction of the victim, it can be sufficiently recognized that this constitutes an attack rather than a defensive act from the victim, and thus, the defendant’s allegation in this part is rejected.

B. Although there are no circumstances to consider the fact that the victim abused the defendant, the court below already determined the amount of fine by reflecting such circumstances, the victim also received a summary order of KRW 500,000 due to the defendant's assault and the degree of the assault committed by the defendant is less than the victim.

In full view of the fact that it is difficult to see the following circumstances: equity with the same and similar cases; the Defendant’s age, sexual conduct, intelligence and environment; the background leading to the instant crime; the method and method of the crime; and the circumstances after the crime, etc., the lower court’s punishment is too unreasonable, and thus, it cannot be accepted this part of the Defendant’s assertion.

3. In conclusion, the defendant's appeal of this case is examined.

유사 판례

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-서울남부지방법원 2016.07.08 2015노1896

-서울북부지방법원 2017.12.15 2017노723

-서울중앙지방법원 2017.12.18 2017노3793

-부산지방법원 2018.06.21 2018노570