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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts) did not assault the victim as stated in the decision of the court below.
Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment by finding the Defendant guilty of the facts charged in this case.
2. Determination
A. In the crime of violence, the term "Assault" refers to the exercise of physical tangible force against a person's body, and it does not necessarily require any contact to the victim's body, and thus, as the victim takes a bath near the victim, it was not directly contacted with the victim's body in the event that he/she has displayed or throwed down his/her hand or goods as he/she takes a bath.
Even if a victim’s unlawful force against the victim constitutes an assault (see Supreme Court Decision 89Do1406, Feb. 13, 1990). B. The court below duly admitted and investigated the following circumstances: ① the victim raised an objection to the defendant’s statement while being investigated by the defendant in relation to the “payment of wages” at the government branch office C branch office of the Ministry of Labor which was employed on Apr. 5, 2016 with the defendant in relation to the “payment of wages” related to the “payment of wages” case at the office of the government branch office of the Ministry of Labor, which was investigated with the defendant, and the defendant puts an objection to the defendant’s statement, such as “the defendant’s own “n’s opening,” and “snick face face,” and the victim’s head was decided at one time at the end of the two. ② At the time of investigating the circumstances of the assault and the victim’s statement as to the situation before and after the victim’s appearance, the supervisor at the time of the investigation was also aware of the CCTV’s statement.
In light of the fact that the victim's face side is confirmed one time after the victim's face is exposed to reflect A4, the defendant's face is the victim's face.