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(영문) 서울중앙지방법원 2013.08.08 2013노1801
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual error) is the fact that the defendant has left hand in the direction of the victim's face, but the defendant did not have the intention of assault as it was due to the victim's speech and behavior that would be netized and that it would be expressed out of this.

2. Determination on the grounds for appeal

A. The act of using violent language, taking a bath, or displaying or taking a hand or an object in a solid vicinity to the body of the victim of the relevant legal doctrine was not directly contacted by the victim;

Even if it is an illegal use of force against the victim, it can be said that it constitutes violence.

(See Supreme Court Decision 2000Do5716 Decided January 10, 2003, Supreme Court Decision 89Do1406 Decided February 13, 1990, etc.). B.

Judgment

Based on the above legal principles, this case is examined.

In other words, according to the following circumstances revealed by the evidence duly adopted and investigated by the court below, (1) according to CCTV images at the time, as the defendant was investigated by the investigation agency, the defendant committed the victim's face to display his left hand, and (2) the defendant's father G and H committed the victim several times in the middle in order to continuously assault the victim, and (3) the defendant made a statement that "the victim did not know that he did not have the victim's promise even if he did so, he did not leave his hands by making his father do so, and he did not leave his hands by making his father do so." In light of the following circumstances, the defendant was investigated by G investigation agency and stated that "The victim and the defendant wanted to fight their face with each other," and it is acknowledged that the defendant committed the victim's left hand in order to assault the victim.

Therefore, the defendant's assertion is accepted.

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