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(영문) 인천지방법원 2013.07.12 2013노1325
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant only left the arms of the victim, who was the victim's her end and work in her order, and did not commit any assault against the victim (in fact, referring to 500,000 won) while the defendant was actually in her order with the victim, and that the punishment imposed by the court below against the defendant is too unreasonable.

(F) Determination; 2. Determination

A. The act of assault under Article 260 of the Criminal Act, which refers to the exercise of physical force against a person's body, and the exercise of physical force means the physical force that causes physical pain, and the act of verbal abuse, abusive language, taking a bath, or displaying hands or goods at the same time in close vicinity to the victim's body was not directly contacted with the victim's body.

Even if it is the exercise of illegal tangible power against the victim, it can be the use of violence.

(See Supreme Court Decision 200Do5716 Decided January 10, 2003). In full view of the above legal principle as seen above, Defendant’s legal statement at the court below and evidence duly admitted and examined by the court below, Defendant can sufficiently recognize the fact that Defendant inflicted assault on the victim by making the victim go beyond the victim’s arms, such as facts constituting the crime in the judgment below, and thus, Defendant’s assertion of mistake of facts is without merit.

B. In full view of all the circumstances indicated in the record, such as the Defendant’s age, character and conduct, environment, relationship with the victim, motive and means of the instant crime, circumstance after the crime, etc., even though the Defendant had been already punished for the same kind of crime, the Defendant committed again the instant crime; the Defendant did not agree with the victim; and the Defendant’s age, character and conduct, environment, relationship with the victim; and the motive and means of the instant crime; and the result thereof, etc., the sentence imposed by the lower court against the Defendant

3. Thus, the defendant's appeal is without merit.

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