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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misapprehension of legal principles, the Defendant did not have the awareness of assault against the victim at the time of the instant case, and thus, the Defendant’s act in this case does not constitute assault in the crime of assault, but the lower court found the Defendant guilty of the facts charged in this case and erred by misapprehending the legal doctrine, thereby affecting
B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 500,000) is too unreasonable.
2. Determination on the misapprehension of facts and misapprehension of legal principles
A. In the relevant legal doctrine, violence means the exercise of physical tangible force against a human body. As such, since it does not necessarily require any contact to the body of the victim, it is not always necessary to protect the victim’s body. Thus, in the case where the act of placing or throwing a hand or an object, as the victim may take a bath near the victim, did not directly contact the victim’s body.
Even if an unlawful use of force against a victim constitutes an assault (see Supreme Court Decision 89Do1406, Feb. 13, 1990). In the crime of assault, the term "Assault" refers to the exercise of any unlawful tangible force against a person's body, and the exercise of tangible force here is sufficient for the body of the person, and there is no need to directly contact a person's body (see Supreme Court Decision 2003Do1800, Jul. 11, 2003). (b) In light of the relevant legal principles as seen above, health team for the instant case, which was duly adopted and investigated by the court below, or which was revealed in the records, as follows: (i) the victim was at the police station's entrance from the defendant at the second floor D second floor located in Busan-gu, Busan Metropolitan City, about August 12 and 00, 2015.
The victim maintained the order at D only for weekends (too, day), but the defendant was given a discount on admission tickets.