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(영문) 인천지방법원 2020.11.27 2020노579

폭행

Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

Although the defendant's act of blocking the victim also constitutes violence as an exercise of physical force against the victim's body, the judgment below which acquitted the defendant of the facts charged of this case is erroneous in the misconception of facts and affected the conclusion of the judgment.

2. Determination

A. In full view of the following circumstances, the lower court’s determination is difficult to view that the evidence submitted by the prosecutor alone, as stated in the facts charged, was insufficient to deem that the Defendant committed an assault or intentionally committed an assault against the Defendant at one time with the victim’s chest, or committed an assault against the Defendant, as stated in the facts charged, to the extent that there is no reasonable doubt that the Defendant had

① Although there was a dispute between the Defendant and the victim as to the opening line wherein the victim was raised, the Defendant did not have a dog to grow the victim on the rooftop on the day of the instant case, which led to a dispute. During that process, the victim, who was able to get out of the dog that the victim raised, was using his/her dog, and the Defendant was aware of the fact that he/she prevented the victim from taking a photograph of the dog image while photographing the process.

② While the victim stated in the court of the court below that “I would like to go back to the lower court, rather than to go back, I would like to go back to the lower court,” the victim stated that “I would like to go back to the lower court’s decision that I would like to go back to the Defendant at the time of the prosecutor’s investigation, and that I would like to go back to the point of intentionally doing so at the time of the prosecutor’s investigation.”

③ In light of the above victim’s statement, the Defendant and the victim were in facing each other; the Defendant obstructed the victim from getting out of their arms in front of the victim’s right so that the victim does not get out of the body; and the victim appears to have physically contacted while going through the part of the defendant in the direction of the arms. As seen earlier, the victim’s statement is written.