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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 300,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal is erroneous in the misapprehension of facts, which affected the conclusion of the judgment, and the judgment of the court below that found the defendant guilty, even though he did not assault the victim by leading the victim more than one meter in order to divide the dialogue with the victim.
2. Determination
A. On October 29, 2017, the Defendant, at around 12:50 on October 29, 2017, committed assault against the victim by: (a) finding out that in the vicinity of the Franc receipt box of the first floor D New Franc, located in the Busan East-gu, Busan, the victim E (the 62-year-old age) who is a relative, who is not adequate for appraisal due to the problem of usual transmission, and towing the victim into the F, which is a relative's relative; and (b) moving the victim into a remote place where the person's relative is unsatisfy; and (c) moving the victim into the outer place where the person's relative is unsatisfying; and
B. The lower court found the Defendant guilty of the instant facts charged on the grounds of the evidence indicated in its reasoning.
C. 1) First of all, the court below asserts that the defendant's act of putting the victim's arm's length against the defendant and his defense counsel did not reach the degree of assault under the Criminal Act, considering the fact that the defendant and the victim's her son son son son son son son son son son son son son son son son son son son son son son son. However, in the Criminal Act, the assault under the Criminal Act refers to the unlawful tangible power exercise that gives physical and mental pain to a human body. The illegality should be determined by taking into account the purpose and intent of the act, circumstances at the time of the act, form and type of the act, existence of pain inflicted on the victim, degree of suffering, etc. (see, e.g., Supreme Court Decisions 2016Do9302, Oct. 27, 2016; 2009Do6800, Sept. 24, 2009>