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(영문) 대전고등법원 2019.06.21 2018노438

특수상해

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts 1) The judgment of the court below which acquitted the victim of an injury even though the victim suffered w w w w w w w w w m and left w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w

B. The lower court’s sentence of unreasonable sentencing (the amount of KRW 500,000 of a fine) is too unjustifiable.

2. Determination

A. Ex officio determination of the judgment of the court below was made by the prosecutor of this case. The prosecutor specified the case's bill of indictment "as stated in the facts charged of this case, "the victim had been placed at a 9th left-hand side which requires four weeks' treatment and at the left-hand side lorgs, etc." as "the victim had been placed at the victim's 11, 12 left-hand side which requires four weeks' treatment and at the left-hand side lorgs, etc." one of the main issues of this case. As a result of the request for appraisal of N, which was conducted by the court of the trial, the victim's left-hand side of 11, 12, and the prosecutor changed this part of the indictment to this part of this case's indictment in compliance with the above entrustment result, the above request for change should also be deemed to have been made in the corresponding part of the conjunctive charges added during the trial process of the court below.

the subject of the judgment was changed by this court.

However, as seen below, the court found the Defendant not guilty of the special injury, which is the primary charge, and found the Defendant guilty of the injury, which is the ancillary charge, so the judgment of the court below cannot be maintained any more.

However, there is a reason to reverse the authority above.