(영문) 청주지방법원 2018.10.25 2018노541 | 리걸엔진

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 청주지방법원 2018.10.25 2018노541

폭행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, misunderstanding of the legal principles and 1) Although the Defendant was aware of the victim’s head debt at the time of the instant case, the Defendant did not assault the victim by means of cutting the arms.

2) The Defendant’s act is merely a mere knife of the victim’s head to defend the victim’s head when the victim was walking back from the victim, and thus, the Defendant’s act constitutes a justifiable act that does not go against the defense of the party or the social norms, and thus, the illegality should be avoided.

3) Nevertheless, the lower court found the Defendant guilty of the remaining charges of this case, which affected the conclusion of the judgment by misapprehending the legal principles or misapprehending the legal principles.

B. The lower court’s sentence against an unfair defendant in sentencing (an amount of KRW 300,00) is too unreasonable.

2. Determination

A. We examine the judgment of the court below as to the misunderstanding of facts or legal principles, and the defendant argued as to the grounds for appeal in this part, and the court below rejected the defendant's assertion by giving a detailed statement about the judgment from 1 to 4th 8 of the judgment. In light of the above judgment of the court below in comparison with the records, the judgment of the court below is just, and there is an error of law by misunderstanding of facts or misunderstanding of legal principles as alleged by the defendant.

subsection (b) of this section.

Therefore, we cannot accept this part of the defendant's assertion.

B. We examine the determination of the unfair argument of sentencing, and the first offender who has no record of criminal punishment. While the crime of this case is committed in light of the fact that the defendant merely takes the head of the victim's head and takes the arms, and the degree of violence is relatively minor, the victim's punishment is not agreed with the victim, and the victim's age, sex, etc. is the defendant's punishment.

유사 판례

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