특수상해등
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. Summary of grounds for appeal;
A. Fact-misunderstanding or misunderstanding of legal principles (in relation to special injury), victim F’s 10-day right-hand hand handball, which the victim F suffered in the instant case, does not constitute an injury under the Criminal Act as it is minor to the extent that natural therapy is possible without any special treatment.
B. The sentence of the lower court (one year of imprisonment) against an unjust defendant is too unreasonable.
2. Judgment on the misapprehension of the legal principle or mistake of facts
A. The summary of this part of the facts charged (the point of special injury) and the Defendant B, and C discovered the victim F who was getting a bicycle on the street in Sungnam-si E on April 11, 2018, around 15:03, and the Defendant and B opened a window at the rear seat of the vehicle on board and launched the bomb toward the victim and emitted the bomb into a string company, thereby causing injury to the victim, such as the right hump, the right hump, the blood hump, etc. requiring treatment for about 10 days on the right side of the victim.
Accordingly, the defendant, in collusion with B and C, injured the victim by carrying dangerous things.
B. 1) The Defendant and the defense counsel did not submit the reasoning for appeal stating misunderstanding the facts or misunderstanding the legal principles within the period for submitting the reasoning for appeal to the lower judgment, and the Defendant and the defense counsel did not have legitimate grounds for appeal, but ex officio examine them.
2) In accordance with the Criminal Act, bodily injury refers to the impairment of physical physiological functions, and specifically, it refers to causing physical or mental military status or aggravation of existing military register status.
However, if the ordinary circumstances frequently occur, and if it is possible to recover nature and does not cause any impediment to daily life, it shall not be deemed as a defective change in the state of health, and thus, it does not constitute an injury.
However, this could normally occur during the daily life even if there is no assault.