"Use of Physical Force Causing Physical and Mental Pain... Constitutes Assault"
A man in his 30s who was prosecuted for assaulting a motel employee by throwing banknotes at him was found guilty again in the appellate court.
According to the legal community on the 13th, the 6-2 Criminal Appeals Division of the Suwon District Court (Presiding Judges Kim Eun-jung, Kang Hee-kyung, and Kwak Hyung-seop) dismissed the appeal of Mr. A, a man in his 30s who was fined 500,000 won in the first trial for assault charges.
Mr. A is accused of throwing eight 50,000-won bills at the face of Mr. B, a man in his 30s who works at a motel parking lot in Suwon, Gyeonggi Province, in January 2023.
Investigations revealed that Mr. A committed the act during an argument after Mr. B informed him that only guests staying in special rooms were allowed to park in the motel parking lot while Mr. A was parking his car to meet his girlfriend.
Mr. A argued that he only threw the banknotes inside the counter and did not throw them directly at the victim, so there was no intent to assault, and that throwing eight bills could not be considered a threat to physical safety, claiming that the original ruling recognizing the charges as guilty was incorrect.
However, the appellate court ruled that based on the evidence lawfully collected and examined by the original court, the defendant’s actions constituted an unlawful use of physical force causing physical and mental pain to a person’s body, thereby constituting the crime of assault.
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