logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.02.07 2017노3800
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) has no record of assaulting the victim.

2. The act of assaulting a person under Article 260 of the Criminal Act refers to the exercise of tangible force against the person's body, and the act of displaying or throwing a hand or an article as if the person were close to the victim was not directly contacted with the person of the victim;

Even if an unlawful use of force against a victim constitutes an assault (see, e.g., Supreme Court Decisions 89Do1406, Feb. 13, 1990; 2000Do5716, Jan. 10, 2003). According to the evidence examined by the lower court and the first instance court, the fact that the Defendant committed an assault by walking the victim’s left side buckbucks, as stated in the instant facts charged, can be acknowledged.

As alleged by the defendant in domestic affairs, the defendant attempted to board the victim on the bridge, but was obstructed by the defendant J, who was the first executive of the defendant, and did not actually meet the victim.

Even if recognized, according to the legal principles as seen earlier, the act itself constitutes a crime of assault.

Therefore, the defendant's assertion is without merit.

3. The defendant's appeal is dismissed.

arrow