(영문) 부산지방법원 2018.06.21 2018노570 | 리걸엔진

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Reasons

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(영문) 부산지방법원 2018.06.21 2018노570

폭행

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In fact, misunderstanding of the legal principles and misunderstanding of the Defendant was unable to catch the Defendant’s arms, thereby breaking C’s grandchildren in the process, and the chest was pushed down, but there was no intention of assault.

In addition, the Defendant, when C her head debt of the Defendant when her her head her head her her head her head her head her head her her head her head her head her head her head her he/she is long.

In addition, the defendant's act is a legitimate act that does not violate social rules because it is aimed at defending from violence C.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the legal principles or affecting the conclusion of judgment.

B. The punishment sentenced by the lower court (the penalty amount of KRW 500,000) is too unreasonable.

2. According to the evidence duly admitted and examined by the court below on the assertion of misunderstanding of facts and misapprehension of legal principles, the facts in the judgment below can be sufficiently recognized, and there are other errors of misunderstanding of facts or misapprehension of legal principles.

subsection (b) of this section.

Therefore, this part of the defendant's argument is without merit.

3. Although there was no agreement with the victim C on the determination of the unfair argument of sentencing, the victim first induced a fighting with the defendant, the degree of tangible power the defendant exercised is minor, and there was no record of criminal punishment exceeding the fine.

In addition, if comprehensive consideration of the sentencing conditions indicated in the records, such as the degree of assault exchanged with the defendant and the victim and the equality in punishment for the victim, the punishment sentenced by the court below is unreasonable.

4. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable, and the judgment below is ruled again after pleading as follows.

[Judgment] Criminal facts and evidence.

유사 판례

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