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(영문) 청주지방법원 2017.07.14 2016노1575
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was assaulted by the victim of a fact, and the Defendant did not assault or insult the victim, such as the facts charged.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misunderstanding facts and affecting the conclusion of the judgment.

B. Legal reasoning of the lower court’s determination that even if the Defendant had sold the victim’s arms, it is aimed at preventing the victim’s assault, which constitutes a legitimate defense or an urgent escape, and thus, its illegality is excluded.

On the other hand, the defendant took the same bath as the facts charged.

Even if such act does not go against social norms, its illegality is excluded.

Nevertheless, the court below found all charges of this case guilty, and there is an error of law by misunderstanding the legal principles, which affected the conclusion of the judgment.

(c)

The punishment sentenced by the court below (500,000 won 50,000 won) is too unreasonable.

2. The summary of each of the facts charged of this case which the court below found guilty is as follows.

A. On June 9, 2015, the Defendant: (a) around F clothes 10:00 on June 10, 2015; (b) sent the victim with outdoor sales stand, and (c) sent the victim a brupted hump with the desire of young people, with the Defendant’s death being frightd; and (d) with the death of internal organs, the Defendant flaped with the flachie, with the flachi by the flachie.

"In doing so, the victim assaulted the victim by taking the face of the victim one time with his/her left drinking, turning the victim's right shoulder with his/her hand.

B. On October 16, 2015, at the same place as Paragraph 1, around 13:30 on October 16, 2015, the Defendant insultd the victim openly by citing the victim’s “the victim is frighten, frighten, frighten, and frighten,” among the other merchants and customers in the C market and in the C market for the same reason.

3. Determination

A. The assertion of mistake of facts.

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