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(영문) 광주지방법원 2017.02.09 2016고정603
특수폭행
Text

1. Defendant shall be punished by a fine of KRW 1,000,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is punished by the Victim E (51) and the Victim M (F) (F) is the wife E.

On April 14, 2015, the Defendant, at around 11:00, brought the victim E from the Defendant’s mother’s residence in Nam-gu Gwangju-gu, and brought the victim E back the waste glass brought about the victim’s E’s house to the front end of the said mother’s residence. In doing so, the Defendant took a bath to the victims, led the victims of the Defendant’s bathing and shoes, and had a kitchen-car 1, which is a dangerous thing in the kitchen, and led the victims.

Accordingly, the defendant, carrying dangerous articles, and assaulted victims.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness E and M respective legal statements (first, the defendant and his defense counsel asserted to the effect that the defendant did not have a kitchen knife, etc. in favor of the victims as stated in their reasoning.

However, the victims consistently stated from investigative agencies to this court that the defendant had a kitchen knife, etc. to his own view as stated in its reasoning. In light of the attitude of the statement in this court, the victims' statements are credibility.

Therefore, this part of the argument is not accepted.

Next, even if the defendant committed the act as stated in its reasoning, the defense counsel

It argues that this cannot be viewed as a special assault.

However, the crime of assault refers to the exercise of physical force against a person's body, and it does not necessarily require any contact to the victim's body, and thus, in the case of an act to display or display a hand or an object as the victim may take a bath near the victim, it was not directly contacted with the victim's body.

Even if the victim exercises illegal tangible force against the victim, it constitutes assault (see Supreme Court Decision 2008Do4126, Jul. 24, 2008, etc.).

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