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(영문) 수원지방법원 2018.04.11 2017노7033
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal did not contain assaulting the victim, and at the time, the victim cited the boomet at the chest height, and thus cannot assault the chest.

2. The following facts acknowledged by the evidence duly adopted and examined by the court below and the following circumstances are consistently stated, and the victim and E (the police officer dispatched to the scene) consistently stated that “the defendant was pushed down with the victim’s chest.” However, the investigative agency and the court below made a false statement even when the defendant was under the charge of punishment for perjury in light of the victim’s attitude to make a statement at the court below.

2) The crime of assault refers to the exercise of physical or mental pain on a person’s body (see, e.g., Supreme Court Decision 2016Do9302, Oct. 27, 2016). As above, the Defendant’s act of smugglinging the body of the victim constitutes a crime of assault; ③ at the time, the Defendant was in the process of taking the victim’s scambling the victim’s scam, and the Defendant was in the process of having the victim’s scambling the victim’s body by his/her intent to attack.

Considering that it is reasonable to see that the defendant intentionally assaulted the victim's shoulder and chest.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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