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(영문) 부산고등법원 2016.10.20 2016노408
폭행치상
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 1) Defendants A and victims are very kind of friendship between Defendants and victims.

The Defendants, as indicated in the facts of the crime in the holding of the lower judgment, tried to move to the stage by using the victim as part of an event for the growth of the day, by stopping the knife with the victim at the age clubs as indicated in the lower judgment, in order to reduce the life of the victim.

In the first instance, the victim expressed the intent of refusal by deeming that the victim “B did not go to .D.,” and expressed the intent of refusal. However, in light of the fact that the Defendants did not go to the body and did not go to the body of the victim while coming to the stage, it is reasonable to view that the victim’s genuine intent was merely an expression of windows, not an wanting act of the Defendants, but rather, an act as stated in the reasoning of the lower judgment by the Defendants.

Therefore, the Defendants’ act cannot be deemed as the use of force against the victim’s will, i.e., assault or assault, and there was no intent to commit assault (i.e., assault or attack the victim’s body) against the Defendants.

B) Even if not, Defendant A was unable to anticipate the occurrence of a serious consequence because the act of the Defendants intending to use the victim as a stage constitutes a justifiable act that does not violate the social rules. C) Although Defendant A was under the influence of alcohol and did not have any fact that the victim was placed, Defendant A was not able to anticipate the occurrence of a serious consequence, the lower court, however, held that the Defendants’ act constitutes a assault of the crime of assault, and that there was a possibility of predicting the occurrence of a serious consequence with the intent of assault, and thus, found the Defendants guilty of the facts charged (the facts charged against the injury of assault).

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