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(영문) 서울고등법원 2018.11.30 2018노2163

중상해

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

The decision of the court below (one year and six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

The Defendant committed the instant crime, which led to the misunderstanding of the facts of the prosecutor and the misapprehension of the legal principles, caused an incurable disease to the victim.

The punishment sentenced by the court below is too uneasible.

The grounds for appeal by authority shall be examined ex officio prior to the judgment.

A prosecutor applied for amendments to a bill of indictment to the effect that the facts charged are changed alternatively in the first instance, and this court permitted it and changed the subject of the judgment.

The judgment of the court below that found the above facts charged subject to a trial only at the court below was guilty as follows, so the judgment of the court below is no longer able to be maintained.

In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant and the prosecutor, and the judgment of the court below is reversed and it is so decided as follows, without proceeding to decide on the grounds for appeal by the defendant and the prosecutor.

【The reason for the judgment again used] The defendant of the crime committed the crime committed the crime was around 19:50 on May 19, 2017 in the first floor parking lot underground of the E-building in Masung-si around 19:50, the victim was fluored by her face, followed by her face, followed by her part of the victim's wall, and her body was pushed back to the wall of the parking lot due to her bad hand, and her body was pushed down by her hand, and her body was pushed down by her hand. The victim's face was fluored by her hand at several times due to the victim's continuous occurrence, and the victim's face was fluored by the victim's face, and the victim's face was fluored by her face, and the victim was fluored by her face, and the victim was fluored by her face.