logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.09.07 2020노1214
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding 1) The Defendant did not assault the victim. Nevertheless, the judgment of the court below which found the Defendant guilty of the assault among the facts charged in the instant case is erroneous in misunderstanding of facts. 2) The photograph of Chapter II deleted by the Defendant is an unwritten application for punishment prepared by the victim as coercion and the photograph of the Defendant cited it.

Since the defendant deleted a photograph to prevent a non-application for punishment prepared due to coercion by the victim from being utilized in a trial, the defendant's act constitutes a justifiable act.

Nevertheless, the judgment of the court below which found the defendant guilty of causing property damage among the facts charged of this case is erroneous in misconception of facts.

B. The lower court’s sentence of unreasonable sentencing (fine 1.5 million won) is too unreasonable.

2. Determination

A. 1) Determination on the assertion of mistake of facts in the facts charged in this case, the defendant argued the same as the reasons for appeal at the court below, and the court below rejected the defendant's assertion in light of the summary of evidence of the judgment below. In light of the records and comparison of the judgment of the court below, the judgment of the court below is just and there is no error of law that affected the conclusion of the judgment by misunderstanding of facts. Therefore, the defendant's assertion of mistake of facts in this part of the facts charged in this case is without merit. 2) "act that does not violate the social rules" under Article 20 of the Criminal Act as to the assertion of damage to property among the facts charged in this case refers to an act permissible in light of the overall legal order or the social ethics or social norms surrounding it, and it is reasonable to recognize the act as a legitimate act that does not violate the social rules and thus, it should be determined individually by examining the purpose and rationally under specific circumstances.

arrow