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(영문) 청주지방법원 2020.02.06 2019노1452
특수중상해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In light of the fact that each item used by the Defendant of misapprehension of legal principles is merely 30 cm in length and 3.7 cm in thickness, and does not constitute dangerous goods. (2) The lower court’s punishment (two years and six months in prison) is too unreasonable in view of the following: (a) not only the Defendant agreed to fully bear the necessary medical expenses but also the Defendant agreed on the part of the Defendant; (b) the Defendant is the most likely to be responsible for the livelihood of the son and her spouse while carrying out the activities of the married church at a small church; (c) the Defendant is in profoundly against the investigation agency, such as self-denunciation; and (d) the emotional friendship, such as depression and infertility caused by fear of the victim’s abduction, is the cause of the occurrence of the instant event.

B. In addition, the Defendant, who was under criminal punishment for the crime of assault and bodily harm against the prosecutor’s believerss, committed a discriminatory violence against each item, which is a dangerous object to the victim who is a woman under 25 years of age, and thereby, committed a serious bodily harm, such as mass blood transfusion and the state of mixed traffic for three days. Considering that the content of the crime is very violent and causing damage, as well as that the risk of recidivism is considerable, the above punishment of the lower court is too unreasonable.

2. Judgment on the Defendant’s assertion of misapprehension of legal principles

A. Whether a certain thing constitutes a “hazardous thing” under Article 3(1) of the Punishment of Violences, etc. Act ought to be determined based on whether the other party or a third party could feel a risk to life or body when using the thing in light of social norms.

(see, e.g., Supreme Court Decision 2007Do3520, Mar. 26, 2009). This applies to “a dangerous thing” as provided for in Article 258-2 of the Criminal Act.

B. According to the evidence duly adopted and examined by the court below, the facts acknowledged by the court below are acceptable.

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