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(영문) 의정부지방법원 2017.12.14 2017노2983
폭행
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A misunderstanding the fact that Defendant A 1 was not guilty, Defendant A had a minor physical contact with Defendant B, such as the murder even, while Defendant A was in secret with Defendant B to prevent himself.

2) The sentence sentenced by the lower court to the Defendant (an amount of KRW 500,000) is too unreasonable.

B. Defendant B (1) In fact, Defendant B did not assault Defendant A as in the facts charged of this case, but there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment in the judgment of the court below which found Defendant B guilty.

2) The sentence sentenced by the lower court to the Defendant (an amount of KRW 500,000) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court, Defendant A’s assertion of misunderstanding of facts can be acknowledged that Defendant A attempted to avoid the job of Defendant B, and Defendant B’s arms were first sealed (the 21st page of the investigation record). The crime of assault under Article 260 of the Criminal Act refers to the exercise of tangible force against a person’s body, and the exercise of such tangible force refers to the exercise of physical force causing physical pain (see Supreme Court Decision 2000Do5716, Jan. 10, 200). The above tangible force constitutes an assault under Article 260 of the Criminal Act, and thus, Defendant A’s assertion of misunderstanding of facts is without merit.

2) According to the evidence duly adopted and examined by the lower court, the following facts and circumstances can be acknowledged. According to this, Defendant B’s chest is recognized.

Defendant

The defendant B's act constitutes an assault under Article 260 of the Criminal Code, and thus, the defendant B's assertion of mistake is without merit.

A) Defendant B had contact with Defendant A in an investigative agency to defend himself, and recognized the fact of physical contact (the 49,50 pages of the investigation record), and Defendant A in an application for formal trial filed on May 29, 2017.

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