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(영문) 서울서부지방법원 2018.08.23 2018노267
폭행
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant, by misapprehending the legal principles, was aware of the victim in the toilet as a son and took the victim’s hand, and took the victim’s hand into the parent’s place, and did not lead 50 meters by taking the victim’s dancing or selling, and the Defendant’s act constitutes a justifiable act that does not violate the social rules.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, which found the Defendant guilty of the facts charged in this case.

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

2. Judgment on the misapprehension of the legal principle or mistake of facts

A. On October 21, 2016, the summary of the facts charged in the instant case: (a) at the Art Center located in 20-lane 28, 16:30, the Seoul Mapo-gu, Mapo-gu, Seoul, 2016, the Defendant committed assault, such as: (b) the victim C (8 tax) pushed the Defendant’s wife and pushed the Defendant’s wife, and (c) the Defendant took a bath to drive the Defendant’s wife; (d) the victim gets out of the toilet while taking a bath to drive the Victim; and (e) the victim gets out of the toilet and gets out of the toilet; (e) the victim gets out of the toilet; and (e) the victim gets 50 meters away from the escape her own.

B. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the adopted evidence.

(c)

1) The crime of assaulting a legal doctrine refers to the exercise of physical or mental pain to a human body. The illegality should be determined by comprehensively taking into account the purpose and intent of the act, the circumstances at the time of the act, the form and type of the act, the existence and degree of the suffering inflicted on the victim, etc. (see, e.g., Supreme Court Decisions 2000Do5716, Jan. 10, 2003; 2016Do9302, Oct. 27, 2016). Meanwhile, “act that does not contravene social norms” under Article 20 of the Criminal Act means “act that does not contravene social norms” under the overall spirit of legal order or the social ethics or social norms surrounding it.

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