(영문) 서울남부지방법원 2016.11.24 2016노233

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(영문) 서울남부지방법원 2016.11.24 2016노233

특수폭행

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 500,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, by misapprehending the legal principles, was growing trees in front of the apartment.

On the day of the instant case, the Defendant only tried to prevent the victim from departing from the chemical group on two occasions, with a hicking stick to prevent the victim from leaving the tree.

Since then, the victim gets out of the chemical team and put a balp to the defendant's breath by hand, the defendant when he saw the balp to the bals of the victim in order to ppuri it.

The defendant's act constitutes a legitimate act that does not violate social rules merely because it is a defensive act.

B. Even if the facts charged of the instant case are found guilty, in light of the following: (a) the Defendant committed the instant crime with minor damage; (b) the Defendant committed the assault of the victim to protect trees he saw; (c) the Defendant has no record of criminal punishment; (d) the Defendant has no record of criminal punishment; and (e) the Defendant has no economic ability to pay a fine as a person eligible for basic living security, even if the facts charged of the instant case are found guilty; (b) the punishment imposed by the lower court is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of misapprehension of the legal doctrine, the lower court may recognize the fact that, although the Defendant observed the trees that the victim was seriously faced, the Defendant was faced with the victim’s hick in twice following the victim’s back, etc. by leaving the victim’s hick, and the Defendant again resisted that the victim “hick?” was “hick?h?h?h?h?h?h?h?h?h?h?h?, the Defendant sold the victim’s h?h?s

The defendant's act of assault is characterized as an act of attack against the victim. Considering the developments and degree of the assault, legitimacy of the purpose and supplement of the means and method, the act of assault is unfair.

유사 판례

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-의정부지방법원 2016.06.23 2016고합54

-서울서부지방법원 2018.06.28 2017노1570