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(영문) 수원지방법원 2013.12.12 2013노3452
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In a misunderstanding of facts or misunderstanding of legal principles, the unsatisfies in an unsatisfed state can not be deemed to constitute “hazardous objects” as provided by the Punishment of Violences, etc. Act.

B. The lower court’s sentence of unreasonable sentencing (two years of suspended sentence in June of one year and six) is too unreasonable.

2. Determination

A. In a specific case where a certain object to be determined on the assertion of mistake of facts or misapprehension of legal principles constitutes “hazardous object” under Article 3(1) of the Punishment of Violences, etc. Act, the determination should be based on whether the other party or a third party could feel a risk to life or body when using the relevant object in light of social norms.

(2) In light of the following facts: (a) in the instant case, the Plaintiff’s disease was made of a single glass material; (b) the Defendant’s disease was made of a single glass material; and (c) the Defendant’s disease was made of a single glass material; (d) there was a strong shock in both parts when the Defendant gets off a person’s head; and (e) there was a risk of additional injury when the glass was shouldered; and (e) the Defendant’s head was forced by cutting down a fluor’s disease; and (c) in fact, the instant fluoral disease constituted “hazardous goods” as prescribed by Article 3(1) of the Punishment of Violences, etc. Act.

B. The defendant's judgment on the assertion of unfair sentencing recognizes the crime of injury and reflects it, and this case is a crime that the defendant committed contingently with the victim, and the victim does not want the punishment of the defendant, etc. However, in this case, the defendant's head is a dangerous article, and the degree of risk is significant, and the crime of violation of the Punishment of Violences, etc. Act (injury to collective weapons, etc.) is limited to imprisonment with prison labor, and the lowest limit is already three years.

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