(영문) 인천지방법원 2016.09.21 2016노1577 | 리걸엔진

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 인천지방법원 2016.09.21 2016노1577

폭행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not assault the victim as stated in the facts charged, by misunderstanding of facts and misapprehending of legal principles.

Even if there was assaulted fact

Even if it does not go against social norms, it is a justifiable act.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 300,000) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, i.e., ① the victim has made a concrete and consistent statement about the developments of assault and the appearance of assault in the investigative agency and the court of the court of the court below as a substitutely and consistently (in the court of the court below, the victim has made a somewhat inaccurate statement as to whether the defendant reached knife due to cellular phone, but there is room to deny the credibility of the statement in light of the video of the video CD in addition to the instant case, it is difficult to deny the credibility of the statement by the defendant and the victim in various cases of assault other than the instant case). ② On-site video photographs (Article 23 to 25 of the evidence record), video CDs (the page 26 of the evidence record) are also consistent with the victim’s statement as recorded in the facts charged.

Therefore, the defendant's above assertion is without merit.

B. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of misapprehension of the legal doctrine, i.e., the Defendant committed active acts, such as: (a) the Defendant continued to find a victim’s office and have a large amount of sound; and (b) the Defendant’s cell phone to use the Defendant’s cell phone; and (c) the victim did not have any particular physical contact with the Defendant, there is money that the Defendant would receive from the victim

Even if the defendant's speech and behavior are committed, it is social norms in light of the sound social norms.

유사 판례

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