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(영문) 울산지방법원 2013.11.15 2013노705

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual error or misapprehension of the legal principle) is merely the smuggling of the victim in the process of booming the victim's grandchildren, and such act does not constitute the assault of the crime of assault. However, the court below found the defendant guilty of the facts charged in this case. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. According to the evidence duly admitted and investigated by the court below, the defendant's act is justified in the judgment of the court below that found the defendant guilty of the crime of assault since the defendant's act constitutes "Assault" as an exercise of physical force against the body of the victim, and it does not seem that there was an error of mistake of facts or of misunderstanding of legal principles as argued by the defendant.

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