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(영문) 서울중앙지방법원 2013.10.28 2013고합755
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The prosecution of this case is dismissed.

Reasons

1. On April 21, 2013, at around 06:00 on April 21, 2013, the Defendant was unable to receive benefits for four months from the president of the small bank of “E” that he works as the main station in Gangnam-gu Seoul, and did not receive benefits from the president and the president because he did not pay benefits from the president. The Defendant found the victim F. (ma. 38 years old), who returned from a taxi (e.g., a dangerous article in his car ties) while she was hicking the horses, and found the victim F. 38 years old, who returned from the taxi, and she was hick with the victim, etc., on two occasions via the open-gu boat.

In this respect, the defendant carried a camping boat, which is a dangerous thing, and carried the victim's scambling with the treatment days.

2. The gist of the prosecution by the defendant and his defense counsel;

A. At the time of the instant case, the Defendant, who was the president of a small-scale shop and the Defendant’s vehicle parked in India, among the city Do, was taken out within the tamp of the Defendant’s vehicle located in India. However, the tamp of the victim, who was going to the tamp of the tamp of the tamp of the tamp of the tamp of the tamp of the tamp of the tamp of the tamp of the tamp of the tamp of the

Therefore, at the time, the defendant did not have an intention to injure another person.

B. Inasmuch as the victim was only one time at the time, the victim cannot be deemed to have suffered her straw due to the instant case.

C. In the instant case, it is difficult to view that the camping boat constitutes “hazardous goods” in light of the method and consequence used (the degree of the injured party’s risk).

3. Determination - Intentional injury or injury

(a) intention of injury to the relevant legal doctrine means an awareness and intention that it damages the completeness of human body or causes obstacles to physiological functions;

It is not necessarily required to have the intention to commit the injury to a specific person, but it is not required to have the intention to commit the crime, but it includes the willful negligence as a subjective element of the constituent elements, but there was the willful negligence.

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