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(영문) 서울서부지방법원 2016.05.19 2015노1833
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not assault C as stated in the facts of the lower judgment.

B. Legal doctrine misunderstandings, even if the Defendant exercised some physical power against C

Even if it does not violate social rules, illegality is excluded as a legitimate act.

(c)

Even if the facts charged in the instant case are found guilty, the sentence of the lower court (amounting to KRW 300,000) is too unreasonable.

2. Determination

A. When examining the witness F’s legal statement based on the evidence duly adopted and examined by the court below, the defendant can be found to have abused the victim C as stated in the facts of the crime of the court below. Thus, the defendant’s assertion of mistake is without merit.

B. In full view of all the circumstances revealed in the record, such as the background of assaulting the victim at the time of judgment as to the assertion of misunderstanding of legal principles, the means and method of assault, and the Defendant’s speech and behavior, etc., it cannot be recognized that the Defendant’s act of assaulting the victim as stated in the facts constituting the crime of the lower judgment did not violate social norms

(c)

The defendant is aged and the degree of damage suffered by the victim due to the assault of this case is high.

In full view of all the conditions of pleadings and records, such as the defendant's career, sexual conduct, motive and background of the crime, and circumstances after the crime, the sentence of the court below is appropriate. Thus, the defendant's improper assertion of sentencing is not justified.

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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