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(영문) 서울남부지방법원 2017.11.17 2016노2469
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding, misunderstanding of the legal principles, the Defendant did not assault the victim in such a way that he was pushed the victim by cutting the victim over, towing the lower part of the body, as stated in the facts charged in the instant case.

Rather, it is true that the victim is removed or pushed down by attaching and preventing him/her from being employed by him/her, but it is a legitimate defense or a legitimate act.

B. The punishment sentenced by the lower court (an amount of KRW 1.5 million) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court as to the assertion of misunderstanding of facts or misapprehension of the legal doctrine, the Defendant sufficiently recognized that the Defendant committed an assault against the victim in the same manner as indicated in the facts charged in the instant case (the Defendant admitted the entire facts charged in the lower court, and the witness witnessing the scene at the time of emulging, committed an assault against the victim by leading the Defendant to less than the part of the victim at the investigative

In light of the circumstances and degree of the Defendant’s assault, it is difficult to view that the Defendant’s assault constituted a legitimate defense or a justifiable act.

Therefore, this part of the defendant's argument is without merit.

B. In light of the following: (a) the determination of the lower court’s sentencing is deemed within the reasonable scope of discretion; and (b) there is a change in the conditions of the sentencing when comprehensively taking into account the various matters, which are the conditions of the sentencing in the trial (such as the case before and after the same type of fine, and the case where no agreement is reached with the victim) and the applicable sentences, etc. as to the unfair argument

Considering the fact that the sentencing of the defendant is not visible, the sentence of the court below is too unreasonable because it is too unreasonable. Thus, the defendant's improper assertion of sentencing is also groundless.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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