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Reasons
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(영문) 의정부지방법원 2018.02.01 2017노3221
폭행
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All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A 1) The Defendant did not assault Defendant B.

2) In the misapprehension of the legal principles, the illegality of the Defendant’s act is excluded by the legitimate defense or emergency evacuation.

3) The sentence sentenced by the lower court to the Defendant (an amount of KRW 300,000) is too unreasonable.

B. Defendant B did not have any fact when Defendant A was committed, and there is no relation between Defendant’s act and Defendant A’s bodily injury.

2. Determination

A. According to the following facts and circumstances acknowledged by the lower court’s duly admitted and investigated evidence, each of the facts charged of this case is sufficiently recognized, and the Defendants’ assertion of mistake of facts is without merit.

1) At the time of the instant case, Defendant B instructed Defendant A to move his work site, and there was a conflict between Defendant A and the two.

The Defendants were flobbling and pulse with each other, and Defendant B got the head debt of Defendant A over the floor, and dried and pressureed on the part of Defendant A so that he could not move up (Evidence Records 120,124,124, 146, 148, 172) (Evidence Records 120, 126, 148, 172). Defendant B was under the control of Defendant A, upon receipt of the report of 112, the police complained of the chest certificate at the time of the dispatch to the site of this case; Defendant A complained of the injury certificate to Defendant A; Defendant’s entry corresponds to this; Defendant A’s injury certificate; and Defendant A’s injury certificate was carried out at the back of the entrance of Defendant A, such act constitutes a fighting, and as long as the injury was caused by the act of assault, the relationship with Defendant B’s injury is recognized.

3) The crime of assault refers to the exercise of physical tangible force against a person's body, and it does not necessarily require any contact with the victim's body, so it is time to take a bath near the victim.

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