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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. As to the misunderstanding of facts and misapprehension of the legal doctrine, the Defendant did not have or did not immediately proceed with the process of transmitting the victim to the Egypt, and the Defendant attempted to drive the damaged vehicle. The Defendant attempted to avoid driving the damaged vehicle, and did not assault the victim by blocking the front of the assault.
B. The sentence of the lower court’s improper sentencing (one year and two months of imprisonment) is too unreasonable.
2. Determination
A. As to the assertion of misunderstanding the facts and legal principles, the term “Assault” in the crime of assault refers to the exercise of physical or mental pain on a human body, and does not necessarily require any contact with a victim’s body. The illegality should be determined by comprehensively taking into account the purpose and intent of the act, circumstances at the time of the act, mode and type of the act, the existence and degree of pain inflicted on the victim. Even if the victim does not face with one’s street, the repeated act of probing the victim from probing the difference should also be deemed to have exercised an unlawful tangible power against the victim (see Supreme Court Decision 2016Do9302, Oct. 27, 2016). In light of the evidence duly adopted and examined by the court below and the result of verification of CCTV in-house video CDs in Seoul High Court and the following facts, in light of the fact that the Defendant committed a crime of assault by exercising the victim’s physical force:
The judgment of the court below that determined the person is just and there is no error of misunderstanding of facts or misunderstanding of legal principles.
(1) The defendant tried to drive a vehicle left as security against the victim without permission, and the victim obstructed the vehicle in front in order to prevent the defendant from attempting to drive a vehicle.
(2) Although the victim prevents his/her street, the defendant shall approach it to the victim.