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(영문) 서울중앙지방법원 2019.06.20 2018노4082

특수상해

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding (not guilty part of the judgment of the court below) The defendant can be sufficiently recognized that the victims may suffer injury due to his or her act, and that he or she has accepted the risk and accepted the risk.

Nevertheless, the judgment of the court below which acquitted the defendant on the ground that it is not sufficient to recognize the conclusive or incomplete intention of the injury, and it is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (one month of imprisonment, two years of suspended execution, etc.) is too uneasible and unfair.

2. Judgment on the assertion of mistake of facts

A. At around 06:00 on June 23, 2018, the Defendant: (a) assessed the victim’s face and ear portion by drinking at the main point of “C” located in Gwanak-gu, Seoul Special Metropolitan City, on his hand; (b) the victim D (24 years old); and (c) the victim E (Nam and 18 years old), who was a customer of the said main point of view, she laid the above glass in the direction that the victim would sit.

As a result, the Defendant carried dangerous articles and inflicted injury on the victim D, such as the upper left-hand pelle, the left-hand pelle and the left-hand pelle, etc., and the victim E suffered injury such as internal autopsy, which requires treatment for about 10 days.

B. Based on its stated reasoning, the lower court found the Defendant guilty of the crime of causing special injury resulting from special injury without changing the indictment, on the grounds that the evidence submitted by the prosecutor alone is insufficient to recognize that there was a conclusive or willful negligence on the part of the Defendant, even though it is acknowledged that the victims were injured because the Defendant was placed in the direction of the tables where the victims were seated, and that the Defendant was guilty without changing the indictment for special injury.

(c) 1 intention to make a decision on the party deliberation.