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(영문) 부산지방법원 2017.02.15 2016노3542
폭행등
Text

The defendant's appeal is dismissed.

Reasons

The lower court found the Defendant guilty of all of the charges, despite the fact that the Defendant did not assault the victim, based on the summary of the grounds for appeal (the fact that each assault was committed).

Sentencing : The sentence of the court below (6 months of imprisonment and 2 years of suspended sentence) against the defendant is too unreasonable.

In the case of the crime of assaulting a mistake of facts, the term "Assault" means the exercise of physical tangible force against a human body, and does not necessarily require any contact with a human body (see Supreme Court Decision 89Do1406, Feb. 13, 1990). In addition, even if the victim's body is spatially close to the victim's body and thus sexually verbal abuse or abusive language, or simultaneously with his/her hand or hand or hand or hand or hand-out at the same time does not directly contact the victim's body, it constitutes an assault as an exercise of unlawful tangible force against the victim (see Supreme Court Decision 200Do5716, Jan. 10, 200). The court below rejected the defendant's assertion that Article 1 (1) through (4) and (7) of the judgment of the court below are the same as the grounds for appeal in this part, and the court below affirmed the credibility of the defendant's statement by citing the circumstances in the judgment of the court below 4.9 through 21.

According to the evidence duly adopted and examined by the court below and the court below, in particular, the victim C, Q and R's statements in each court below's original judgment, etc., the defendant's act was committed against the victim as stated in each criminal facts as stated in the judgment below. In light of the aforementioned legal principles, it is sufficient to view each act of the defendant as an exercise of physical force against the victim's body, and all acts of the defendant constitute "Assault" in light of the purpose and intent of the act, circumstance at the time of the act, form and type of the act, existence and degree of suffering

As to paragraph 4 of the decision of the court below, the defendant asserts that he is a legitimate defense.

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