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(영문) 창원지방법원 2016.06.15 2016노342
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The fact is that the defendant misunderstanding the fact that he was faced with the victim's fingers and satis, but the defendant did not have the intention of assault against the defendant at the time, and the defendant was faced with the victim's hand in the process of preventing the victim from marking his photograph, and the defendant did not take the cellular phone owned by the victim at the time.

B. In the misapprehension of legal principles, the Defendant’s act of entering the facts charged in the instant case is aimed at preventing the victim’s unauthorized photographing, and does not violate social norms.

2. Determination

A. 1) Determination as to the assertion of misunderstanding of facts: (a) Violence under Article 260(1) of the Criminal Act means a physical force that causes physical pain as an exercise of all tangible force against a person’s body (see Supreme Court Decision 2014Do2234, Jun. 12, 2014). 2) In light of the following facts and circumstances, the evidence duly adopted and examined by the court below may be comprehensively admitted by the court below, in light of the following facts and circumstances, the defendant may assault the victim as indicated in the facts charged in the instant case, sufficiently recognize the fact that the victim was damaged, and the defendant had the intent to commit assault and damage to property.

It is reasonable to view it.

Therefore, the defendant's assertion of facts is without merit.

A) Until the investigation agency and the court of the court below, the victim requested the defendant to present his identification card when intending to raise administrative litigation or civil petition due to a golf problem in the children's traffic park. While intending to get out of his/her place of occupation, he/she was in his/her own hand with his/her own hand, and the defendant was in his/her possession, and the defendant was forced to get out of his/her arms to get out of his/her place of occupation, and then the defendant was forced to get off his/her arms at this time.

“The Defendant’s motion to photograph the Defendant’s photograph with his cell phone, which was cited by the Defendant at the time of his own selling and her booming.”

A defect, the defendant.

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