특정범죄가중처벌등에관한법률위반(운전자폭행등)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. The lower court’s punishment (one year and six months of imprisonment) against the accused against the summary of the grounds for appeal is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.
A. Article 5-10(2) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Crimes Act”) provides that a driver of a motor vehicle in operation may be punished by imprisonment for a limited term of not less than three years in cases where he/she causes injury to another person by assaulting or threatening the driver of the motor vehicle in operation. There is no reason to interpret the meaning of the injury as provided in the above provision differently from the crime of injury or bodily injury
The term “injury” refers to a change of the victim’s physical health condition to the extent that the victim’s bodily condition is inferior and that the victim’s bodily condition may interfere with his/her daily life even if the victim’s bodily condition is extremely minor and the victim’s bodily condition does not require treatment, and even if he/she does not receive treatment, it does not interfere with his/her daily life and can be naturally cured following the lapse of the day, the victim’s physical health condition was changed due to
It shall not be deemed that there is an obstacle to the function of life or that it is difficult to view it as such.
(See Supreme Court Decisions 2008Do3078 Decided October 9, 2008; 2003Do2313 Decided July 11, 2003, etc. (see, e.g., Supreme Court Decisions 2003Do2313, Oct. 9, 2008
The following circumstances revealed by the evidence duly adopted and examined at the lower court: (i) the victim was assaulted by the Defendant on March 2, 2016; (ii) the victim was investigated by the police around 00:48 on the following day; and (iii) the victim only stated only the facts that he/she was assaulted by the Defendant; and (iv) did not make any statement as to the injury incurred thereby; (ii) the victim submitted to the police the injury diagnosis report by the Defendant on March 3, 2016 at the place where he/she was abused by the Defendant for five to six years prior to the assault by the Defendant; and (iii) the victim submitted the injury diagnosis report.