(영문) 의정부지방법원 2016.08.25 2015노3200

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Text

Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2016.08.25 2015노3200

폭행치상등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. As to the injury caused by assault, the Defendant did not have committed an assault, such as plucking or plucking the victim F, etc., by singing or breaking the victim F, etc., and plucking or plucking his hand.

2) As to the crime of assault, the Defendant tried to declare the important agenda of the clan general meeting by using the victim I’s speech without the victim I’s other religious members, such as the Defendant, etc., without permission, to do so, and in order to speak, the Defendant her body was fluent to vadi, and there was no intention to assault the above victim.

B. In light of the legal principles, even if the Defendant’s act of assaulting the victims, the act against the victim F constitutes legitimate defense, which was committed to protect E in order to assault the victim’s sexual intercourse. The act against the victim I constitutes legitimate defense. The act against the victim I constitutes a legitimate act or an emergency escape, which was committed to restrain the victim from participating in an imminent situation where he/she intends to make a resolution at the end of the unfair proceedings. Thus, the Defendants’ above act constitutes a legitimate act or an emergency escape.

(c)

The punishment sentenced by the court below to the defendant (2 million won) is too unreasonable.

2. Determination

A. Determination as to the assertion of mistake of facts 1) In full view of the following circumstances acknowledged by the lower court and the trial court’s duly admitted and investigated evidence, namely, ① the victim F has consistently and specifically stated the course and method of the assault committed by the Defendant (No. 19 of the evidence record, No. 19 of the record, and No. 56-58 of the record), the witness J’s statement is consistent with the victim F’s statement (No. 79,80 of the record of the trial), ② the Defendant and the victim have a sudden conflicting relationship surrounding the clan’s agenda, etc., the fact that the Defendant and the victim committed the assaulted the victim F and caused the injury can be sufficiently recognized.

The above assertion by the defendant is made.

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