상해
The judgment of the court below is reversed.
The defendant shall be innocent.
1. Summary of grounds for appeal;
A. The Defendant did not have any intention of injury to the Defendant merely because the victim committed an error in misunderstanding of facts or misunderstanding of legal principles that led him to a defect in driving his own car and thereby did not have any intention to inflict an injury on him.
And the defendant's act constitutes self-defense or legitimate act which can be accepted by social norms.
B. The sentence imposed by the lower court on the Defendant (three million won of a fine) is too unreasonable.
2. Determination
A. On March 10, 2018, at around 16:40 on March 10, 2018, the Defendant: (a) took a bath with the victim by telephone; (b) took a dispute while making a telephone; and (c) went back to the victim in front of the Incheon Southern-gu D.
Accordingly, the victim, who is provokingd the defendant's face side, and the defendant avoided it, and then pushed the victim's chest with his hand one time, and then sealed the part of the victim's chest with both arms. The victim continued to inflict a bodily injury on the victim by continuously putting the victim's finger on the part of the defendant's body in the direction of the head of the defendant's body. The victim suffered a defect in the course toward the part of the defendant's body, and suffered a bodily injury to the victim by putting the victim over the floor for about eight weeks in need of medical treatment.
B. The lower court found the Defendant guilty by comprehensively taking account of each of the evidence indicated in its judgment.
C. (i) The crime of assault as referred to in the crime of assault refers to the exercise of physical or mental pain to a person’s body, and it does not necessarily require any contact to the victim’s body. The illegality should be determined by comprehensively taking into account the purpose and intent of the act, circumstances at the time of the act, mode and type of the act, existence and degree of pain inflicted on the victim, etc.
(Supreme Court Decision 2016Do9302 Decided October 27, 2016). The assault of assault is merely an exercise of tangible force toward human body.