Violation (injury by Collective Weapons, etc.) and Punishment of Violences, etc. Act

Violations (injury by Group, Deadly Weapons, etc.)

Attorney C

A defendant shall be punished by imprisonment for up to eight years. Seized evidence 1 shall be confiscated.

A. Defendant

(1) misunderstanding of facts

피고인이 J, M, K에게 직접 황산을 뿌리지 않았을 뿐만 아니라 피해자 E에게 뿌린 황산이 M 등에게 튄 것이 아니라 피해자 E이 고통에 몸부림을 치면서 J에게 황산이 튀거나 M와 K가 피해자 E의 옷을 벗기면서 자신들의 몸에 황산이 묻은 것이어서 피고인에게 J 등에 대한 상해의 고의가 없었음에도 유죄를 선고한 제1심 판결에는 사실을 오인하여 판결에 영향을 미친 위법이 있다.

2) Unreasonable sentencing

The punishment sentenced by the first instance court (15 years of imprisonment) is too unreasonable.

(b) Prosecutors;

(1) misunderstanding of facts

After the Defendant purchased a yellow acid, the Defendant searched relevant articles on the Internet, such as the case in which a person died due to sulfur terrorism and the impact of yellow acid on the human body. The victim had a possibility of shocking from 10-15% of the body that requires treatment for about 8 weeks, and he could be shocked from 2-3% of the body that requires treatment, and he could have a shocked from 10-15% of the body, and he could have a shocked from 2-3 degrees, and he could have a shocked into the face of the victim E if yellow acid flow out into the victim E’s face, so the victim E could have died, so the Defendant could have a death. Accordingly, the judgment of the first instance court that acquitted the Defendant of the reason for the crime of murder on the part of the victim E, was erroneous, which affected the conclusion of the judgment.

2) Unreasonable sentencing

It is unfair that the sentence sentenced by the first instance court is too uneasible.

2. Determination

A. Judgment on the grounds for appeal for mistake of facts by the defendant

1) Summary of the facts charged

On December 5, 2014, the Defendant attended the conciliation process for the above complaint case at F District Prosecutors' Office 404, around 17:44, at the Criminal Conciliation Office, and took an opportunity to put yellow 1kg containing dangerous objects into a separate bank, and lid the above plastic bottle after a year lids, and opened into the door near the entrance of the E where he was sitting a yellow acid, she flicks on the face and kh, etc. of the L which he was seated next to her, and she flick off off the clothes of E, and she flick off 3 or more of the victim's hair and the right side flick, etc. The Defendant 2 or more of the victim's flick and flick flick flish flish flish flish flish flish flish flish flish flish flish flish flish flish.

2) The first instance judgment

In full view of the evidence duly adopted and examined, the first instance court found the defendant guilty of this part of the facts charged by deeming that there was an intentional injury to M, K, and J, and that there was a causal relationship between the defendant's act and the above M, etc.'s injury and that there was a causal relationship.

3) Determination of the immediate deliberation

A) In a criminal trial, the establishment of a criminal fact ought to be based on strict evidence with probative value, which leads a judge to have the degree of confluence that may not have any reasonable doubt. Therefore, in a case where the prosecutor’s proof fails to sufficiently reach the extent of ensuring the aforementioned conviction, the determination ought to be made in the interests of the defendant even in a case where there is doubt of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable amnesty, etc. (see, e.g., Supreme Court Decision 2012Do231, Jun. 28, 2012)

B) Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and investigated by the first instance court and the trial court, it is reasonable to view that the Defendant, at the time of aground, was aware of the fact that he/she could suffer injury by J, M, and K at the time of aground.

Since there is no room for proof, the defendant's assertion of mistake is justified.

(1) As a criminal conciliation commissioner of the F District Public Prosecutor’s Office, J and K are deemed to have no particular motive or reason to inflict injury upon the Defendant as yellow dust at the time of the instant crime, since the Defendant first met while taking charge of conciliation of the defamation cases, such as defamation against which the Defendant filed a complaint against E at the time of the instant crime. Since M, E’s mother, was the first appearance of the Defendant at the time of the instant crime, it appears that the Defendant did not have any particular motive or reason to inflict injury on M.

(2) In light of the fact that the Defendant was seated on the part of the Defendant, not aground at the time when he was aground to the victim E, and that the Defendant was saved with water as soon as possible by the J, and that the Defendant was at a place near the victim E at the time when she was the victim E, it is difficult to deem that the Defendant was able to take into account that, at the time she was aground, yellow acid was saved by the victim E at the time when she was the victim E, and that, at the time when she was aground, yellow acid was saved by the victim E at the time she was the victim E.

(3) According to the above facts charged, it was generated in the process that the defendant was found to be aground for the victim E, not for the defendant to be aground, but for M and K's clothes. The above injuries suffered by M and K do not directly result in the defendant's act to be aground for the victim E. In addition, in light of the defendant's act that was considerably divided at the time and left for the crime of this case, it cannot be deemed that the defendant was predicted that the victim was able to ask M and K for sulfur on the body of M and K at the time of committing the crime of this case.

B. Determination of the prosecutor's grounds for appeal for mistake of facts

1) Summary of the primary facts charged against E

The Defendant attempted to kill the victim E in the same way as the facts of the crime in which he had a mind to kill the victim E by spraying it, even though it was confirmed that it might have been killed when she spreads a sulfur into the human body, but, upon receiving a report from 119 emergency squad, attempted to murder the victim E by using approximately eight weeks of the wind that the Defendant sent to the hospital and sent to the hospital, and attempted to do so.

2) The first instance judgment

The first instance court found the following circumstances that can be recognized by evidence duly adopted and investigated: ① the Defendant selects 95% of the concentration as a criminal tool without using a tool ordinarily able to kill people, such as a knife, ② Yellow acid may cause severe physical and mental pain upon human body because it is a very strong substance from corrosion and escape effect, but it is not used for the purpose of killing people because it is difficult to reach the result of death unless it inhales or takes in sulfur acid; ③ The Defendant appears not to have died if he takes sulfur acid on the Internet article searched before the instant crime; ④ The Defendant appears to have consistently denied the Defendant’s intention to murder at the prosecution; ⑤ The Defendant cannot be readily concluded that he/she intended to kills the victim’s face to the right side of the victim, and it is difficult to prove that he/she did not have any reasonable 9% of the victim’s face to the extent that he/she did not actually suffer from sulfur dust, as in the instant case.

3) Determination of the immediate deliberation

In full view of the following circumstances admitted by the records in addition to the aforementioned circumstances properly explained by the first instance court, the fact-finding and judgment by the first instance court is justified and there is no error of law that affected the conclusion of the judgment due to mistake of facts. Thus, the prosecutor's assertion of mistake of facts is without merit.

A) On November 26, 2014, the Defendant initially explained that the victim E would have purchased salt at the sales store of H, aground, near D, and that, at the time of the purchase of sulfur, sulfur would cause more damage to the human body or when a person takes in sulfur due to the lack of salt acid, the Defendant purchased sulfur from the owner of the above sales store. However, if the Defendant had attempted to seek salt crying at the time, and allowed the said owner to have his phone number left, it does not seem that the victim E had a conclusive intent to use sulfur as aground at the time of the purchase of sulfur.

B) On or after November 26, 2014, the Defendant searched articles on terrorism using sulfur and yellow acid on the Internet. It appears to be aimed at searching for specific danger of sulfur more harmful to human body than yellow acid and its case to find out what results may arise and what punishment would be imposed on the victim E. Among the articles searched by the Defendant, there was no case where the person died when he does not take sulfur, and there was no domestic case where he was punished for murder or attempted murder since he did not take sulfur. In light of the time, circumstances and contents of the articles searched by the Defendant on the Internet, it cannot be deemed that the Defendant recognized that he could die when he was aground on the Internet through search of articles related to yellow acid.

C) On December 5, 2014, 17:45, immediately after the instant crime, the F Fire Station AD Safety Center 119 first responds to the scene of the instant crime and sent the victim E, etc. to AV hospital near the wife at around 17:55, and around 17:55, the victim E was mainly informed of the back of the head and the right face of the victim. Since the said actual situation did not have the mind to kill the victim E at the prosecutor’s office, the Defendant was selected as the place of the crime, and it is highly likely that the Defendant’s above statement is consistent with the Defendant’s statement that “The face was not taken forward to keep the victim E in mind.” This is likely to be consistent with the Defendant’s intent at the time of the instant crime.

3. Conclusion

Therefore, the defendant's appeal against the violation of the Punishment of Violences, etc. (a collective injury, such as a deadly weapon, etc.) in the judgment of the court of first instance against J, M and K shall be justified. Since the above part is deemed to have a concurrent relation with the remaining convictions under the former part of Article 37 of the Criminal Act, the judgment of the court of first instance shall be reversed in its entirety, and the judgment of the court of first instance shall be reversed in accordance with Article 364 (6) of the Criminal Procedure Act

【Reasons for the Decision to be Seconded】

The summary of the facts constituting an offense and evidence. The summary of the facts constituting an offense against the defendant recognized by this court and the summary of the evidence are the same as stated in each corresponding column of the judgment of the court of first instance, except for the modification of the part concerning the facts constituting an offense in the judgment of the court of first instance as follows. As such, they are cited in accordance with

[Criminal Facts]

On December 5, 2014, around 17:44, the Defendant attended the procedure for the conciliation of the above complaint case at F District Prosecutors' Office 404 located in I, and took an opportunity to put yellow 1kg containing dangerous objects into a separate room. At the request of J and K, a criminal conciliation commissioner, the Defendant was waiting outside the criminal conciliation room.

During the process of counseling with the victim E and his/her father, he/she did not recognize the error of the above E, and he/she did not have any responsibility with respect to the above case, but may give 1,500,000 won or more out of the attorney's fees to the defendant." While he/she heard that the above mediators lids after the year, he/she added the above plastics lids to the front side of E and opened the entrance into the criminal conciliation room, he/she was aground to protruding a yellow acid on the face and knife of the above L, which he/she was sitting down on the side side of the entrance. Accordingly, the defendant carried dangerous articles and carried about 8 weeks or more to the above E, and applied approximately 6 weeks or more to the right side, ear, and neck of the above L and the video of each Act and subordinate statute."

1. Article applicable to criminal facts;

Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, and Article 257(1)3 of the Criminal Act

1. Formal concurrence1);

Articles 40 and 50 of the Criminal Act (the punishment provided for in the Punishment of Violences, etc. Act (a violation of the Punishment of Violences, etc. Act (a collective action, a deadly weapon, etc.), and a punishment provided for in the Punishment of Violences, etc. (a violation of the Punishment of Violence, etc. Act (a crime of

1. Confiscation;

The reason for sentencing under Article 48(1)1 of the Criminal Act

1. Major sentencing conditions

(a) The result of the judgment before the judgment of the defendant in the trial;

○ Criminal Records

- None

○ Family Environment and Growth Process

The Defendant, under the parent chain that he operated his own business in Seoul, was born to 1 South and North Korea, and entered Canada with her family at the age of 8, 1983. The Defendant’s father closed down a hole for about 12 years at the Canadian debate and closed down a hole for about 10 years at the wind, and up to 10 years at the night. The Defendant’s father, who operated the Cho Mangn-gu T with the loan, has left for operation and appropriated the cost of living as arb, after the discharge of operation.

- The Defendant, from 14 years of age to 14 years of age, served three parts a day, including the delivery of newspapers, and served as a part of all the group sick soldiers, and served as part of a part of a part-time soldier on a intermittent basis, so the Defendant was economically difficult for the Defendant to live.

- After entering an elementary school, the Defendant was unable to enter the English language, and there was a lot of time to live in a mixed body without learning with friendlys, and the Defendant was subject to race discrimination because only the Defendant was colored in the school.

Even after entering middle school, the Defendant, even after entering middle school, was engaged in the most basic course of study with other coloring students because it was not well-grounded.

The Defendant received the diagnosis of learning disabilities after entering a high school and received a written training for at least two hours a day from a special team, and graduated from the high school, equally and smoothly, with ordinary students.

- When the Defendant was unable to do work by combining the two years of high school, the Defendant was aware of his parents after school and her son, and prepared the money and living expenses of female students. In particular, when 16 years of age, the Defendant first entered a yellow mountain while working in the Puart factory and cleaning by mixing sulfur and salt acid, and even when she was under cleaning at the time, there was a case where she was a case of clothes when she was under cleaning.

- The Defendant, majoring in a computer and philosophy at AW University, was punished by college registration fees, living expenses, and money by taking part in a part of turf, such as turf reduction devices, snow burgical flags, restaurant employees, and burtains.

○ Social Environment

- The Defendant, after graduation from the university, has been employed by the bank and has been engaged in database marketing-related business for about two years. The Defendant established a sound supervising company with a total of 3 million won that has been collected during his retirement from the university and operated related business entities, such as TV, film, advertising, etc. for about seven years, and was working in the world such as Africa, Europe, etc.

- On September 1, 2008, the Defendant entered Korea on the idea that he/she was to talk with a high country and to marry Korean women, and retired from AX University as a visiting professor for about one year, and graduated from the English language course at AY University Master's degree course at AY University in the UK for two years and six months. From September 1, 2013, the Defendant served as an visiting professor in D University Tourism and Foreign Language from D University.

○ Health conditions, drinking and drug abuse

The Defendant, as a substitute for the state of health, has improved the health of the Defendant while suffering from flaging in spine while suffering from flaging flag in spine at the second grade of a university, and was diagnosed with flag in flag with flagic spirit, and flaging drugs for about one year and six months.

- The Defendant started drinking at the age of 16, and the volume of drinking is the maximum to the degree of beer, and the amount of drinking is 1-2 times a week, and there is no indication of drinking.

- The Defendant has no experience of inhaleing other prohibited drugs or toxic chemicals without smoking.

As a result of the MPI-2, it is difficult to interpret it as a result of the deliberation and evaluation of the character characteristics (MPI-2) by emphasizing or distortedly responding to the most desirable aspect without responding to the actual or psychological situation, such as the high level of inspection validity (L, K, and S).

It seems that the support environment for the defendant's family in the support environment is somewhat low because the family members of the defendant did not communicate about the victim's fault and did not actively endeavor to reach an agreement with the victim.

B. According to the psychological test and inspection response of the defendant of the professional examiner AZ, the defendant had clearly maintained his awareness and south at the time of the prosecutor’s inspection, and as a result of a gender-sensitive test (K-WAS reduction type), all intelligence fell under an excellent level of 120 (presumed level: the highest level before and after QI 130), psychological evaluation (MPI-2) and evaluation (MPI-2), the reasonable degree of validity shows the positive why the defendant's typical response is positive (Tmark 67), FT (TT score 37), and K (T score 69). This is a defensive attitude that the defendant intends to see his own psychological status without responding properly and as much as possible, it is difficult to interpret that the defendant has credibility as a profiling file as a result of such reasonable form.

However, it seems that the daily life of the defendant was maintained due to the high recognition function of the defendant, and that the social situation was conceptually understood, was due to the Compilation of the defendant.In addition, since the defendant has mixed most time with his family, there was no person to be aware of the defendant's abnormal behavior in the surrounding area, and in Canada, there was a possibility that the defendant's improper behavior in Canada was understood on the ground that he is Canadian because he is Canadian.

In addition, considering the statements of the surrounding persons examined through investigation records, it seems that there is a change in the mental issues of the defendant, such as the cross-border disorder, etc. of the defendant.

The psychological examination conducted by the defendant was conducted as a reduced sentence due to the practical constraints, and the examination was conducted.

Since the Do-gu itself has used standardizeds in accordance with Korean people, more systematic observation and evaluation should be conducted in consideration of the cultural differences, etc. of the defendant living in 30 years's Do-gu, and if it is possible, it would be necessary to observe and trace the hospitalization for a certain period.

(c) Written opinion of the victim E of the AZ on the professional examiner;

- As a result of the psychological reaction test, the victim E had clearly maintained consciousness and breanam force at the time of the prosecutor’s inspection, and in the intellectual ability, the current intellectual ability (i.e., language I Q 104, I Q 92, and I Q 100) compared to the intellectual potential (presumed I Q 110 before and after) of the instant case was not significantly lowered, but the previous intellectual potential of the instant case was not sufficiently displayed.

The victim E maintains the level of transfer of this case to some extent, but the ability to understand social situation and solve the problem, the obsiveness, planned ability, and comprehensive ability of the victim E is lowered.In the accident function, the important part of the object is not well distinguished, and the part of the object is not clearly distinguishable, and it seems that the victim E has experienced repeated and compulsory meetings on credit repeatedly.

In a emotionally, the victim E is experiencing a water extension such as depression and apprehensions, and is sensitive, economic, and play to the depression, which is considered to be easy to suppress the recognition ability, but it is thought that it is easy to f-eliminate in a similar disorder. In addition, it is thought that self-def-eliminity is highly likely to be denied and damaged, and that the environment is very infeasible to the environment. In addition, the victim E shows an inorganic form, such as tension, deep, or feasible symptoms, when he/she is under severe stress.

In nature, the victim E is presumed to have not the original speech, but to have been the sexually, but the change and strengthening of its character have appeared to be a self-centered and negative consequence. In addition, the victim E does not clearly reveal the outer aspect, but it shows an efficial tendency, such as dynasity and mind about the behavior of others, and thought that speech or behavior that is not related to the victim himself/herself is fying. In addition, the victim E has lack of self-esteem and self-esteem, and its self-esteem function has been weakened, and efficien and unstable.

In the personal relationship, victims E are not able to believe another person and face with self-defluence, criticism, and fear of fear, so they are facing social situations or inhuman relations as much as possible.

In full view of the results of the above psychological examination, the psychological increase of victims E in the psychological examination is considered to have a stress disorder.

2. Judgment of the court below

Considering that the crime of this case was committed by a university professor in the public prosecutor's office, a public institution where the defendant is under quasi-judicial procedure, caused two victims, such as suffering from serious injury, which requires at least eight weeks of medical treatment by suffering from aground, etc. In light of the crime place, method, method, plannedness, relationship with the victims, etc., the crime of this case is very poor. The victim E is a university student of 21 years of age, who is unable to give a consent by multiple times in the course of the crime of this case, or physical pain during the process of the victim and video therapy. In the future, it is difficult for the victim E to completely recover from the victim's face, etc. after the treatment, and it is also difficult for the victim E to have prepared for the crime of this case to use the victim's physical suffering or mental harm, and it is also difficult for the victim E to use the victim's punishment to the extent that it can not be seen that there is any other mental harm.

However, according to the results of the fact-finding of the Party AS Hospital, the amount of the victim's own charges after deducting the Corporation's charges out of KRW 118,489,653 from the total treatment costs for the victim E, 73,759,340, and the amount of the victim's total treatment costs after deducting the Corporation's charges out of KRW 46,35,41 from the total treatment costs for the victim L is 33,745,90, and the victim's personal charges are 107,50,505,330, in total. According to the fact-finding of the Party B Hospital, the victim's total treatment costs out of KRW 4,384,191 are 2,487,561, and the victim's total treatment costs out of KRW 100,000,000,000,000,000 from the first instance court and the first instance court's total treatment costs.

The acquittal portion

A. The summary of the murder charge, which is the primary charge against E, is the same as Article 2-2(b)(1) of the Criminal Procedure Act. This constitutes a case where there is no proof of a crime as seen earlier, and thus, a not-guilty verdict should be rendered pursuant to the latter part of Article 325 of the Criminal Procedure Act. However, as long as a conviction of violation of the Punishment of Violence, etc. Act (a group, deadly weapons, etc.), which is the ancillary charge

B. The summary of the facts charged in the part of the charges of violation of the Punishment of Violences, etc. (a) against J, M and K is the same as Article 2-A.1 of the above Act. This constitutes a case where there is no proof of a crime as seen earlier, and thus, a not-guilty verdict should be rendered under the latter part of Article 325 of the Criminal Procedure Act. However, inasmuch as it is found guilty of a violation of the Punishment of Violences, etc. (a group, deadly weapon, etc.) with respect to E and L in a commercial concurrent relationship, the judgment of

Judges Min Young-young

Judge Chuncheon

In the event that this victim E is aground, he/she shall inflict an injury on the victims by protruding away from the face, etc. of the victim L who was sitting next to the victim E.

A person who commits a crime in violation of the Punishment of Violences, etc. Act (a crime of injury by a group, deadly weapon, etc.) and the above crime is committed.

It is not a substantive competition relationship, but a commercial competition relationship.