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(영문) 광주고등법원 (전주) 2017.07.04 2017노67

특수상해

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the above punishment for a period of one year from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The lower judgment in violation of the provision on the grounds clearly stated in its reasoning violated Article 39 of the Criminal Procedure Act by failing to state the grounds for innocence, which constitutes grounds for appeal pursuant to Article 361-5 subparag. 11 of the Criminal Procedure Act.

B. In light of the evidence and legal principles submitted in the instant case, the judgment of the court below which acquitted the Defendant of special injury is erroneous in the misapprehension of facts or in the misapprehension of legal principles.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

In this court, the prosecutor applied for the amendment of a bill of amendment to the indictment, which was permitted by this court, and accordingly, the court found the charge subject to the adjudication as follows, and thus the judgment of the court below cannot be maintained any more.

3. The judgment of the court below is reversed ex officio in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's grounds for appeal, and the judgment of the court below is reversed ex officio, and the following is determined through pleading, inasmuch as the court found that the defendant was guilty of selective facts charged that became the object of the trial only at this court.

【Grounds for the judgment again used] The accused of the crime committed the crime committed the crime committed the crime committed the dispute between the victim F (52 years old) and the vision on May 13, 2016, when the disabled of the second degree with mental retardation, who lacks the ability to discern things or make decisions, and around 20:00 on May 13, 2016, the victim F (52 years old) was brought to the dispute.

In the course of a dispute, the Defendant gets knife a knife knife (16.5 cm in knife) that is an object dangerous at the Defendant’s home in the vicinity of the knife in the course of the dispute, and the Defendant knife the victim from the above ec shop up to about 10 meters away from the above ec shop.