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(영문) 서울북부지방법원 2018.08.24 2018노839
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below erred by misunderstanding the facts or by misapprehending the legal principles as follows, or by misapprehending the legal principles, which convicted the Defendant.

As to the facts charged in 2017 Godan 5474, the defendant did not smuggling the victim C.

At the time of the case, the above victim invadedd the defendant's house without permission, and the defendant only caused the damage to the defendant's house while protested against the above victim, and the above victim was able to back the back side alone.

In relation to the facts charged in 2017 Godan 5499, the defendant was killed under the automobile on the day of the instant case.

Although the mixed-level was adopted, since victims E were dumped, dumped, and had acted as stated in the facts charged in the course of defense, the defendant's behavior constitutes a legitimate defense or a legitimate act, and thus illegality is excluded.

In relation to the facts charged in 2018 Highest 99, the defendant did not have any fact that the effect of a standing signboard was impaired, and there is no fact that the victim H gave his/her clothes.

In addition, the defendant had interfered with the business in the process of protesting against the above victim who wants to receive water value, and the defendant's behavior constitutes a justifiable act because it does not go against social norms.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. Judgment on the misapprehension of the legal principle or mistake of facts

A. The following circumstances acknowledged by the lower court based on the evidence duly admitted and investigated by the lower court as to the facts charged in 2017 Goman 5474, namely, that the victim C was 2 times the Defendant’s chest at the time of the instant case.

The statement was made (one right 19 pages of evidence record), 2. The defendant also had the victim's chest part of the above victim two tights in the investigative agency, while leaving the above victim as the victim.

In full view of the fact that the defendant made a statement (one right 12, 13 pages of evidence records), etc., the defendant is as stated in the decision of the court below.

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