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The prosecutor's appeal is dismissed.
Reasons
1. According to the statement of the victim in the summary of the grounds for appeal, the defendant abused both arms of the victim in the process of cutting off the victim's cell phone in order to block the legitimate 112 reporting, and the above act did not meet the requirements such as the legitimacy of the motive, the reasonableness of the means, urgency, and supplement. The judgment of the court below which acquitted the defendant of the facts charged of this case is erroneous in the misunderstanding of facts as to the premise for establishing a legitimate act and misunderstanding of legal principles.
2. Determination
A. The summary of the facts charged in the instant case is as follows: “The Defendant, around 06:20 on March 17, 2018, at the residence of the victim D (n, 35 years old) of the B apartment C, Ulsan-gu B apartment C, Ulsan-gu, U.S., as well as at around 06:20 on March 17, 2018, reported the Defendant’s satise-in victim to fight with his her her her son and directed the Defendant to her son, and the Defendant
B. The term “Assault” in the crime of assault refers to the exercise of physical or mental pain on a person’s body, and it does not necessarily need to have contact with the victim’s body. The illegality should be determined by comprehensively taking into account the purpose and intent of the act, circumstances at the time of the act, form and type of the act, existence and degree of pain inflicted on the victim, etc.
(see, i.e., Supreme Court Decision 2016Do9302, Oct. 27, 2016). Moreover, in a criminal trial, criminal facts ought to be recognized as evidence with strict probative value to the extent that the judge has a sufficient doubt, as long as there is no room for a reasonable doubt. In a case where a prosecutor fails to prove to the extent that he/she has a sufficient conviction, even if there are circumstances, such as the defendant’s assertion or defense contradictory to or without doubt, and the suspicion of guilt should be determined based on the defendant’s interest.
(See Supreme Court Decision 201Do231 Decided June 28, 2012, etc.). C.
l.p. g., p.