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(영문) 서울서부지방법원 2014.05.16 2013노792
폭력행위등처벌에관한법률위반(공동폭행)
Text

1. The part concerning Defendant C among the judgment of the court below is reversed.

Defendant

C. A fine of 300,000 won shall be imposed.

3.2

Reasons

1. Summary of grounds for appeal;

A. Defendant A only avoided the arms from two persons’ middle in order to stop a dispute between the victim G and the Defendant C, and did not assault the victim G.

B. Defendant B did not commit an assault by cutting flaps and salkeing flaps of the Victim J.

C. Defendant C1) 1 of the misunderstanding of facts and misapprehension of legal principles as to the fact that Defendant C conspired with the victim G did not have any idea of harming the victim G by assaulting the victim G, so there was no intention to commit the crime of assault. Even if the said Defendant used the victim G’s shoulder at least twice, this constitutes a justifiable act that does not violate social rules. 2) Defendant C did not have any injury to the victim H’s face.

Defendant

D Defendant D did not have any fact that the victim I was sealed, and I did not use the victim I himself, but take it behind, and it cannot be recognized that I suffered any balance between the two parts and the main part, and it does not result from Defendant D’s act.

2. Relevant legal principles

(a) The term “Assault in the crime of violence” means the exercise of physical tangible force against a human body;

In addition, since it is not necessarily necessary to have contact with the body of the victim, in the case of an act to display or throw down hand or things, as the victim may take a bath near the victim, it constitutes violence as an exercise of illegal tangible force against the victim even though it was not directly contacted with the body of the victim.

(See Supreme Court Decision 89Do1406 Decided February 13, 1990, Supreme Court Decision 2000Do5716 Decided January 10, 2003, Supreme Court Decision 2008Do4126 Decided July 24, 2008, etc.). In light of such legal principles, the crime of assault is committed if a victim directly contacted the victim’s body and exercised tangible force.

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