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(영문) 인천지방법원 2020.11.05 2020노261
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual errors and misapprehension of legal principles) cannot be deemed as “an unlawful attack against the person’s body” committed by the defendant.

2. In the judgment of the crime of assault, the purpose and intent of the act, circumstances at the time of the act, the form and type of the act, the existence and degree of the suffering inflicted on the victim, etc. should be determined by comprehensively taking into account the purpose and intent of the act.

(2) In light of the situation at the time of this case and the intent of the defendant using force, it is reasonable to view that the above act of the defendant constitutes an act of assault as an act of using force against the victim's body and constitutes an act of assault. On the other hand, the defendant's defense counsel asserted that the defendant's act of cutting Handphones of the victim at the date of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the court below does not constitute an act of assaulting the victim's body, but the defendant's act of assaulting the victim's body does not necessarily require any physical contact with the victim (see, e.g., Supreme Court Decision 2008Do6800, Jul. 24, 2008; Supreme Court Decision 2008Do4268, Jul. 26, 2008).

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