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(영문) 창원지방법원 2015.03.18 2014노2588
폭행
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. There is no misconception of facts or misapprehension of legal principles that the Defendant abused the victim.

Even if it is recognized that the defendant used assault against the victim, it is responsible for the victim because it caused the victim to take out the drug.

(1) The court below erred by misapprehending the legal principles on the facts charged or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is excessively unreasonable.

2. Determination

A. 1) Determination of misunderstanding of facts or misapprehension of legal principles regarding a defendant's assertion of misunderstanding of facts is deemed to have committed an assault against the victim. The following circumstances, which can be recognized by the court below based on the evidence duly adopted and investigated by the court below, i.e., the victim stated in the investigative agency that the defendant committed an assault against the victim at the time and place specified in the instant facts charged (Evidence No. 18, 19 pages), and the defendant also recognized the facts that the victim had committed an assault on the date and place specified in the first instance trial of the court below (No. 20 pages of the trial record), etc., the defendant can sufficiently recognize the facts that the victim

Comprehensively taking account of the evidence duly adopted and examined by the court below, the defendant's act does not constitute a justifiable act because it is difficult to recognize that the defendant's act does not violate the social norms and satisfies the requirements of legitimacy of the purpose, the means or method, urgency, and supplement of the purpose.

Therefore, the defendant's assertion of this part of the legal principles is without merit.

B. The crime of this case regarding the assertion of unfair sentencing is reported by the defendant that the defendant reports the side of the medicinalter with his hand and does not use his hand as a cleaning agent.

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