특수상해
The prosecutor's appeal is dismissed.
1. Comprehensively taking account of the evidence presented by the prosecutor in the gist of the grounds for appeal, the court below determined this part of the facts charged as a crime of bodily injury, although the defendant could fully recognize the fact that the defendant sustained an injury (a special injury) while carrying a towing machine, which is a dangerous object. The judgment of the court below
2. Determination
A. On October 11, 2018, the Defendant: (a) around 10:0 on October 11, 2018, at the D Middle School (57 years of age) parking lot located in Macheon-si, the Defendant: (b) had the face of the victim with his/her left hand; (c) had the face of the victim with his/her face; and (d) had the victim’s eye, which is a dangerous object used in his/her finger hand, displayed his/her eyebrow and her sloping part; and (d) had the victim’s eyebrow and sloping part, and had the victim undergo approximately two weeks of treatment.
Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.
B. In light of the following circumstances, the lower court found the Defendant not guilty of this part of the charges on the grounds that the evidence submitted by the prosecutor alone is insufficient to evaluate the Defendant’s act as “an injury to carry dangerous articles,” and that there is no other evidence to acknowledge it, and found the Defendant guilty of the injury in the same factual basis.
① According to CCTV images, E was found to have been witnessed from the beginning the physical contact process with the Defendant and the victim. In the police station, E stated to the effect that “A victim was aware of his/her conduct to mislead the Defendant, and thus, he/she was shaking the beginning to prevent the Defendant from approaching the Defendant.”
② In fact, according to CCTV images, it is confirmed that the victim seems to have knife the Defendant first knife the Defendant.
3. The defendant has served in a shoulder for a grass bed work, etc., and the defendant had served in a shoulder for the same reasons.