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(영문) 서울중앙지방법원 2019.05.03 2018노2768
폭행치상
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor (not guilty part, and mistake of facts), although the defendant could find that he was guilty of assault and bodily injury as stated in the facts charged by cutting down the victim's left hand, thereby damaging the victim's floor and causing injury, the court below found the defendant guilty and acquitted the part of the injury, which affected the conclusion of the judgment by misunderstanding the facts.

B. Defendant 1) misunderstanding of facts and misunderstanding of legal principles merely caused the victim’s left hand in order to communicate with the victim who was in a scam, and thus, they do not constitute “Assault” under the Criminal Act. Even if they constitute assault, this constitutes a legitimate act with a socially reasonable nature. Nevertheless, the judgment of the court below which recognized the Defendant’s crime of assault against the Defendant is erroneous by misunderstanding of facts or misunderstanding of legal principles as to a legitimate act, thereby adversely affecting the conclusion of the judgment. 2) The sentence of the court below on unreasonable sentencing (a fine of KRW 300,00) is too unreasonable

2. The lower court found the Defendant guilty of only the part of the instant facts charged that the Defendant assaulted the victim, and determined that the part that the victim sustained injury was not guilty on the grounds of the judgment of the prosecutor’s assertion of mistake of facts.

A thorough examination of the evidence duly adopted and examined by the court below in light of the records, such determination by the court below is justified, and there is no error of law by mistake of facts as alleged by the public prosecutor

The prosecutor's assertion of mistake is without merit.

3. Judgment on the defendant's assertion

A. According to the evidence duly adopted and examined by the court below, the defendant recognized that he was able to take the victim's left hand over until the court below held the court below, and the defendant and the victim E also made a statement corresponding thereto.

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