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(영문) 부산지방법원 2017.04.28 2016노3346
폭력행위등처벌에관한법률위반(공동상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. 1) The Defendant did not have any intention to commit assault against the Punishment of Violences, etc. Act (joint assault).

2) There is no relation between the Defendant’s act related to the violation of the Punishment of Violences, etc. Act (joint injury) and the result of the victim’s injury.

B. The punishment of the lower court is too heavy (the imprisonment of eight months, the suspension of the execution of two years, and the community service order of 160 hours).

2. Determination

A. 1) As to the assertion of mistake of fact, assault in the crime of assault means the exercise of physical tangible power against a person’s body.

Therefore, the intention of the crime of assault is also sufficient if it is intended to exercise the force of force on the body.

The defendant is unable to get the victim's death by attaching B, C, D, F, and E to the victim's death, and the fact that the victim's bucks are allowed to do so on several occasions.

Therefore, the defendant's intention of assault is recognized to exercise the force of force against the victim's body.

B) Meanwhile, the defendant and his defense counsel asserted that the above act was conducted for the purpose of treating the victim. Thus, we examine whether the defendant's act constitutes an act that does not violate the social rules and regulations.

To the extent that it can be recognized that a salt source or a doctor based on the attitude of a person as part of a religious instrument will assist the other party in psychological or visual delivery, the act of taking part of the other party's body as aground or a little part of the other party's body, and of cutting off the cure of illness, can be seen as justifiable in terms of its purpose and means. However, such religious instrument acts are drawn up patients on the basis of both medical treatments with medical effects, and then, the patient's body is abnormal or excessive tangible power.

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