(영문) 서울남부지방법원 2013.10.04 2013노1208

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(영문) 서울남부지방법원 2013.10.04 2013노1208

상해

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles: (i) the victim E committed an assault, first, by cutting down the Defendant’s boat, bating fat, taking the head of fat, etc.; and (ii) the Defendant was fating on the bridge to avoid being pushed back, making it difficult for the Defendant to do so, and did not assault or inflict injury on the victim by means of cutting the victim by hand or hand.

B. Doshe, even if the victim got unsatisfy behind the victim in the situation where she was her course of trial, it is a passive resistance to prevent the victim from attempting, and it is not illegal as an act which has a reasonable ground to be acceptable by social norms.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 500,000 won) is too unreasonable.

2. Determination

A. On June 23, 2012, the Defendant: (a) around 08:19, at the Guro-gu Seoul apartment parking lot, the Defendant, on the ground that D, the head of the apartment management office, did not properly engage in personnel affairs, and (b) the victim took a bath to the son and the victim; (c) the victim was pushed down the body of the victim on his/her part; and (d) caused the brue to be pushed down with the chest by hand, thereby allowing the victim to undergo approximately two weeks of treatment.

B. (i) According to the evidence duly adopted and examined by the court below, the defendant and the victim at the time of the instant case can be recognized as having committed a mutual assault, tightly, tightly, tightly, by hand.

She, however, as to whether the injury suffered by the victim at the time of the instant case was due to the Defendant’s assault and whether there was an intentional intent to inflict an injury on the Defendant, according to the evidence duly adopted and investigated by the lower court, the following circumstances are acknowledged.

(1) A witness at a scene of an accident shall be found in the police investigation, “The victim and the accused have been pushed down to the extent that they cannot be easily broken off by being pushed by hand and hand.”

유사 판례

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-서울남부지방법원 2019.01.24 2018고합321