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(영문) 부산지방법원 2015.09.11 2015노1466
폭행
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the court below found the defendant guilty of the facts charged in this case, but the exercise of tangible power against the victim was merely an act to the extent that the victim was sealed, and did not directly contact with the victim, and that the personal information of participants in assemblies including the defendant cannot be disclosed, thereby preventing the spread of damage therefrom, it cannot be deemed that the defendant's act in this case constitutes a case where it is impossible or considerably difficult to preserve the claim under social norms or due to legal procedure.

Therefore, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the legal principles or affecting the conclusion of the judgment.

B. Not on the basis of unreasonable sentencing

Even if the court below's punishment (the 500,000 won of fine) is too unreasonable.

2. Determination:

A. Around 20:00 on August 16, 2014, the Defendant: (a) taken the face of the victim D (30 years of age) on the street in front of the Seocho-dong Military Security Center in Seocho-dong, Busan; (b) demanded that the victim erases the square in Busan; and (c) made a assault, such as attaching a bank line to which the victim is the main body of the victim moving on the job, demanding that the victim erases the square in front of the Busan Military Security Center.

B. The lower court found the Defendant guilty of the aforementioned facts charged in full view of the admitted evidence.

C. The phrase “act that does not contravene social norms” as stipulated in Article 20 of the Criminal Act, means an act that is acceptable in light of the overall spirit of legal order, or the social ethics or social norms surrounding the act, and thus, the justification of the motive or purpose of the act, the reasonableness of the means or method of the act, etc.

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