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(영문) 의정부지방법원 2013.03.21 2012노2234
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal was that the defendant did not care for the face of the victim due to his head, and only committed an act of spreading and cutting the victim's face with each other, but the court below recognized the defendant as an assaulting the victim. The court below erred by misapprehending the legal principles as to the misunderstanding of facts or assault, thereby affecting the conclusion of the judgment.

2. According to the evidence duly adopted and examined by the court below, while the defendant's refusal to take a passenger and brought a dispute with D with the victim due to his/her head, he/she can fully recognize the fact of friendship with the victim's face. On the other hand, the assault in the crime of assault refers to the exercise of tangible force against a person's body, and it is evident that the defendant's dancing on the part of the victim's ship constitutes an assault as an exercise of tangible force against a person's body. Thus, the defendant's argument of misunderstanding of facts or misunderstanding of legal principles is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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