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(영문) 서울북부지방법원 2017.07.13 2016노2632
특수폭행
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

Reasons

1. The gist of the grounds for appeal is that the defendant did not carry a disease in his/her hand at the time he/she turns the victim;

Even if prior to the victim's face, the victim created an atmosphere of fear by being pushed ahead of the victim's face, and then, the victim was committed by widely using the main disease, which is a dangerous object, since the defendant committed violence against the victim.

Although the court below rendered a judgment of not guilty of the facts charged in this case, the court below erred by misapprehending the facts, which affected the conclusion of the judgment.

2. An ex officio prosecutor shall maintain the facts charged of special assault, which the court below found not guilty, as the primary facts charged, and applied for the amendment of a bill of indictment to add the facts charged of special intimidation as follows. The subject of the trial was changed by this court's permission. Since the court below's judgment that only the primary facts charged are convicted, it cannot be maintained in this regard.

However, despite the above reasons for reversal of authority, the prosecutor's assertion of mistake as to the primary facts charged is still subject to the judgment of this court, and this is examined.

3. The lower court, based on F’s statement and CCTV images, found the Defendant’s main illness as his hand and broken it up on the floor, and laid off the floor to the victim and his husband F, and found the Defendant at a restaurant outside the restaurant. The Defendant, after 2-3 minutes from the lower court, went back to the restaurant and took the victim’s hand. In this case, the lower court acknowledged the fact that the Defendant did not have the main disease again, and found the fact that there exists a gap between the Defendant’s act that caused the main disease and the act that caused the victim’s boom, and carried the main disease, which is a dangerous object at the time of the Defendant’s assaulting the victim.

§ 23.

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