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(영문) 대구지방법원 2018.01.19 2017노4720
특수폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the facts charged of this case, the Defendant: (a) recognized that there was assault against the victim E, G, H, I, and J; (b) however, there was no fact that the victim E and F was a beer disease with two main branches of dangerous objects.

The judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. Determination as to the assertion of mistake of facts 1) As to the crime of assault, the term "Assault" means the exercise of physical tangible force against a human body, so it does not necessarily require any contact with the victim's body, and thus, it was not directly contacted with the victim's body in the event that he/she took a bath near the victim, as he/she would put the victim into contact with his/her body as he/she takes a bath.

Even if an unlawful force against a victim constitutes an assault (see Supreme Court Decision 2000Do5716, Jan. 10, 2003, etc.). Meanwhile, Article 261 of the Criminal Act provides that “the carrying of a dangerous object” refers to a case where a person carries a dangerous object or carries a body under the following intent to use it at the scene of the crime. Whether there was an intention to use the dangerous object here should be determined reasonably by taking into account all the circumstances, such as the motive of the crime, the circumstances surrounding the possession of the dangerous object, the method for using it, the personal relationship with the defendant and the victim, and the situation before and after the crime (see Supreme Court Decision 2002Do1341, Jun. 14, 2002, etc.). According to the evidence duly adopted and investigated by the court below, the victim from the investigation agency to the court below to the court below to determine the face of the defendant himself/herself at the port.

“The facts consistently stated,” ii) the victim F.

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