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(영문) 서울중앙지방법원 2020.06.17 2019노1988

특수상해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The court below acquitted the defendant as to the special injury by mistake of facts and misunderstanding of legal principles (as to the special injury, which is the acquittal part) by driving about about 100 meters with the victim's 100 meters away from the motor vehicle, and thereby causing an injury to the victim requiring four weeks' medical treatment, and the defendant's intention can be recognized, and even though the motor vehicle of the defendant constitutes dangerous goods, the court below acquitted the defendant as to the special injury. The judgment of the court below erred by misapprehending the legal principles as to

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of a fine) is too uneased and unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the prosecutor examined ex officio prior to the judgment on the grounds for appeal of ex officio, and the prosecutor applied for changes in the indictment with the following points of the special injury among the facts charged in the instant case (the reasons for the judgment in multiple ways) as stated in paragraph (2) of the facts charged. Since this court permitted this, the judgment of the court below was no longer maintained.

However, despite the above reasons for ex officio destruction, the prosecutor's assertion of misunderstanding of facts and misapprehension of legal principles as to special injury, which is the part not guilty, in the judgment of the court below, still is subject to the judgment of the court of this Court.

3. Judgment on misconception of facts and misapprehension of legal principles

A. The summary of the special injury is reasonable to view that the facts of the special injury prior to the change that the lower court acquitted the Defendant, and the fact of the special injury changed in the trial, are identical to those of the special injury changed in the trial. As such, the summary of the special injury changed in the trial is stated

On July 11, 2017, the Defendant driving a DK7 car (hereinafter “instant car”) around 00:01, and driving the DK7 car (hereinafter “instant car”) on the two-lanes in front of Gwanak-gu in Seoul Special Metropolitan City, the Defendant’s GM car in the victim FF driving while driving the said one-lane road.