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(영문) 서울중앙지방법원 2014.06.05 2014노1161
폭력행위등처벌에관한법률위반(공동폭행)
Text

All the judgment below against the Defendants is reversed.

The sentence of each sentence against the Defendants shall be suspended.

Reasons

1. The summary of the grounds for appeal is that the defendants' act of making the defendant sit in several arms of the victim so that it constitutes violence as an exercise of physical force against the body of the victim. Thus, the judgment of the court below which acquitted the defendant of the facts charged of this case is erroneous in the misapprehension of legal principles.

2. Determination on the grounds for appeal

A. The summary of the facts charged is Defendant A is the chairperson of the E Apartment Women's Association, Defendant B is the general secretary of the E Apartment Women's Association on March 21, 2013, and Defendant B, at around 21:00, pursuant to the council of occupants' representatives in the Dongjak-gu Seoul Metropolitan Government E Apartment, pursuant to the council of women's representatives, the victim F is not allowed to listen to their opinions while investigating women's corruption while he/she is aware of women's meetings, and Defendant B was allowed to sit the victim's arms on several occasions, and Defendant B was allowed to sit the victim's arms on several occasions.

Defendants jointly assaulted the victim as above.

B. The lower court determined that each of the statements made by F and I was excessively exaggerated and thus cannot be believed, and that the Defendants did not go beyond the victim’s outer dose, and the degree of the victim’s clothes was so strong that the victim’s external dose did not go off, and merely did not appear so to mean that the victim would sit again, and that the number of times and duration during which the Defendants’ act was 1 to 2 times and 1 to 2 minutes, and that the Defendants’ act cannot be deemed as a passive physical contact and cannot be deemed as an assault, which is an exercise of physical force, and further, the Defendants cannot be deemed as having committed an intentional assault. Thus, the lower court acquitted the Defendants.

C. We cannot agree with the above determination by the court below for the following reasons.

1. The assault referred to in Article 260 of the Criminal Code refers to the exercise of unlawful tangible force against a person's body, and the illegality is the purpose and intent of the act, the circumstances at the time of the act, and the form and type of the act.

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