The defendant shall be innocent.

On September 3, 2019, the Defendant: (a) around 18:25, on the grounds that a car operated by the victim D (the age of 45) is parked in the crosswalk in front of the Ccafeteria located in Seongdong-gu Seoul Metropolitan Government on September 3, 2019; (b) made it possible for the Defendant to open the door and body of the car at a time on a vehicle with a bath, and continuously made the car a car abscoping a car on a drinking, and continuously made the victim feel a defect in the report to the police; and (c) made the victim feel a vehicle a body by cutting off a body on a hand and flading the window on a drinking seat; and (d) assaulted the victim.

Judgment

In the crime of assault, violence is an exercise of tangible force on a person's body, and it is not necessary to be a direct tangible force on a person's body, but should be an exercise of tangible force toward a person.

In this case, since the victim is getting on board the vehicle, the passenger car and the victim's body are close to the defendant's direct exercise of tangible power.

However, it is insufficient to recognize that the defendant had an intention to directly or indirectly affect the victim's body by destroying the glass window or the door of the vehicle, and it is insufficient to recognize that the degree of objective shock is only limited.

(피해자 진술로도 “창문과 차문, 지붕 등을 세게 치고”, “발길로 차체를 수십 차례 차고”, “주먹을 이용하여 눈을 부라리며 위협하는 표정으로 유리창을 내리쳐서” 등과 같고, 한편 “유리가 깨질까봐 조마조마한 심정”이었다고 하나 이는 피해자가 주관적으로 외포된 정도를 표현한 것에 불과하고 객관적으로 맨손으로 차 유리를 깰 정도의 충격이 있었다고는 인정하기 부족하다, 10면) 피고인의 폭력 행위가 무언의 협박죄가 되는지는 별론으로 하고, 폭력죄로 인정하기는 부족하다.

This case is not guilty on the ground that there is no proof of criminal facts

(latter part of article 325 of the Criminal Procedure Act)