beta
Text
The judgment of the court below is reversed.
The sentence of punishment against the Defendants shall be suspended separately.
Reasons
1. Summary of grounds for appeal;
A. Recognizing the fact that the Defendants, by mistake of the facts, committed the act identical to the facts stated in the lower judgment. However, in the case of Defendant A, there was no criminal intent of assault, and Defendant B’s act does not reach an act of constituting a crime of assault
B. The sentence sentenced by the lower court (each fine of KRW 500,000) is too unreasonable.
2. Determination
A. Determination as to the assertion of mistake of fact 1) The assault in the crime of assault under Article 260 of the Criminal Act refers to the exercise of an unlawful tangible force against a person's body. The illegality should be determined by comprehensively taking into account the purpose and intent of the act, the circumstances at the time of the act, the form and type of the act, the existence and degree of suffering to the victim (see Supreme Court Decision 2009Do6800, Sept. 24, 2009, etc.). In full view of the evidence duly adopted and examined by the court below as to this case, it can be acknowledged that the defendants, upon the request of the victim for explanation in relation to the official document of going out and going out, brought the victim while blocking the victim's front, or interfered with the victim's leaving the place, and such unlawful act constitutes a crime of assault against the body of the victim.
The Defendants’ assertion on this part is without merit.
B. The defendants' factual basis itself recognizes the fact-finding itself, the types used by the defendants do not focus on the types used by the defendants, the defendants were in the process of demanding explanation on the use of church funds by the victims of wood, and the case of call-out to Defendant A, who is the members of the church, and the victim was actually punished for embezzlement of church funds, and there are some circumstances to take into account the circumstances, such as punishment for embezzlement of church funds. Defendant B is the first offender, and Defendant A is a minor fine.