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(영문) 서울북부지방법원 2019.07.18 2019노331
폭행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal, the court below acquitted the defendant on the charge of assaulting and insulting the victim, although the defendant was found to have abused and insulting the victim, taking into account the victim's statements and field videos. The court below erred by misapprehending the facts.

2. Determination on the grounds for appeal

A. Based on the circumstances stated in its reasoning, the lower court not only deemed the Defendant’s act as a assault, but also difficult to see that the Defendant had the intent to commit the assault, and the Defendant was pushed down with the victim.

Even if it was determined that it was an act that does not violate social rules as an act to prevent the victim from damaging the diskettes.

However, assault refers to the perception and intent of assault, i.e., the perception and intent of assault, if a person has a perception and intent to exercise a tangible force on a person’s body (see, e.g., Supreme Court Decision 94Do1484, Aug. 23, 1994). According to the evidence duly examined by the court below, it is recognized that the Defendant’s act constitutes assault and committed an intentional assault against the Defendant, in light of the aforementioned legal doctrine, since the Defendant’s act constitutes assault and the Defendant’s act was deemed to have been committed.

However, even after examining the reasoning of the judgment of the court below in light of the records of this case, it is reasonable to view that the Defendant’s act of sprinking the victim’s sprink to the police officer who was at the scene at the time was in order to take the victim’s sprink, and constitutes an act that does not violate social rules in light of the degree

Therefore, the judgment of the court below that acquitted the defendant's act is just in its conclusion, and the prosecutor's allegation in this part is without merit.

B. The lower court found that it is difficult to believe the victim’s statement due to the circumstances stated in its reasoning and that the Defendant insultd the victim.

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