폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of one million won.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. In light of the legal principles, although the victim gets the window of a vehicle by hand, the defendant started the vehicle and thereby inflicted an injury on the victim. However, such circumstance alone is difficult to deem that the defendant used the vehicle as a dangerous object.
Nevertheless, the judgment of the court below which judged otherwise is erroneous in the misapprehension of the legal principle on "hazardous goods" under Article 3 (1) of the Punishment of Violences, etc. Act.
B. The lower court’s sentence of unreasonable sentencing (two years of suspended execution in one year and six months of imprisonment, and eight hours of community service order) is unreasonable.
2. Judgment on misapprehension of legal principles
A. On September 10, 2014, at around 05:35, the Defendant: (a) parked and was seated in the Namyang apartment distance, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Gwangju, with the victim D (ma, 37 years of age) who passed by the Defendant, and with the snow of the snow, and had a dispute.
The defendant's misunderstanding that the defendant would operate a vehicle for the news reporting room operation was defective in 112, and despite the fact that the driver's seat door of the vehicle in question, which is an object dangerous to the victim, was carried by hand the window between the body and the body of the vehicle in the open state, the victim was at least 50 meters for every month and got the victim go beyond the floor, thereby making the victim go beyond the floor, thereby making the victim go beyond approximately 2 weeks of medical treatment.
B. Determination of whether a certain object constitutes a “hazardous object” under Article 3(1) of the Punishment of Violences, etc. Act shall be based on whether the other party or a third party could feel any danger to human life or body when using the object in light of social norms. Such determination criteria also apply to cases where a person inflicts harm on human life or body or damages another person’s property using a motor vehicle. < Amended by Act No. 1032, Feb. 2, 2011>