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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds of appeal is merely a physical contact with the victim to the extent that the Defendant, who suffered from excessive driving and difficult driving, was able to see the victim's shoulder while entering into a mutual conflict in the process of driving the driver, and thus, the Defendant cannot be said to be an assault.
2. The phrase “Assault” under Article 260(1) of the Criminal Act refers to the exercise of force against a person’s body. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, the victim stated in the court of the court below that “the Defendant has a pro- fessort with the shoulder of the witness at least 2-3 times,” and that the Defendant himself also recognized the facts of the victim by shouldering the victim in the course of the dispute between the investigative agency and the court of the court of the court of the court below, it can be sufficiently recognized by the Defendant, as stated in the facts charged in the instant case, by means of his shoulder, the fact that the victim has committed the assault at least 2-3 times.
B. In light of the motive of the assault, the form of the act, surrounding circumstances, etc., it is difficult to view that the above act by the Defendant is socially reasonable or constitutes a justifiable act acceptable under the social norms, even if it is reasonable in light of the following: (a) the Defendant intending to ring the light on the Defendant’s vehicle that the Defendant changed the vehicle line; (b) the Defendant was fluencing the light at the center of the road in front of the area adjacent to the expressway; and (c) the Defendant used the force against the victim while making a flu
Therefore, the above argument by the defendant is without merit [the circumstances of the case alleged by the defendant are to be considered in sentencing, and the court below seems to have determined the sentence considering all the circumstances alleged by the defendant] 3. The conclusion is that the defendant's appeal of this case is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.