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(영문) 대전지방법원 2017.08.09 2017노1062

특수상해등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of seven million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles 1) The Defendant did not have any special injury to the victim F, on the ground that, in the course of melting the beer’s disease, etc. on the tables by hand, the beer’s disease, etc. was severely damaged by the victim F’s eye, and the beer’s disease was not caused by the victim’s face.

In addition, since the defendant was not carrying with or carrying with beer's body, it is difficult to recognize beer's disease as carrying dangerous objects.

2) The Defendant had received medical treatment at a mental hospital with the “componcing disorder” and “ alcohol disorder” on the day of the instant case. The Defendant was in a state of mental and physical loss or mental weakness at the time of the instant crime.

B. The punishment of the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. Regarding the assertion of misunderstanding the facts and misapprehension of the legal principles on special injury, 1) The summary of the factory laboratory room in Jin-si, Jin-si, on November 6, 2016, the Defendant resisted that “E” was reported to be a crime of assault from D on the same day, and said D and the above main shop employees “I am again reported to the police again” to the victim F (the 34 years old) who is the above D and the above main shop employees “I am informed to the police,” while the beer’s disease, which is a dangerous object on the table of the above victim’s face towards the above victim’s face, was shicked in line with the left eye of the victim.

2) The lower court found the Defendant guilty of this part of the facts charged in full view of each of the evidence in its judgment.

3) Determination of convictions should be based on evidence with probative value that leads a judge to have the conviction that the facts charged are true beyond a reasonable doubt.