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(영문) 춘천지방법원 2016.10.06 2015노739
특수상해
Text

The judgment below

The part against the defendant shall be reversed.

The defendant is not guilty. The summary of the judgment against the defendant.

Reasons

1. Summary of grounds for appeal;

A. Since the statement made by the witness F and the victim B of misunderstanding of facts has credibility and, rather, there is no credibility in the defendant's statement, it should be deemed that the defendant had golf loans, which are dangerous objects at the time of the instant case.

B. In light of the legal principles, the Defendant’s act cannot be deemed as self-defense or legitimate act in light of the following: (a) the Defendant was more young and physically handicapped than the victim; (b) the Defendant appeared to have saw saw the victim immediately; and (c) the degree of injury to the victim was more severe.

2. Prior to the judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal of ex officio, the prosecutor applied for changes in the indictment with regard to the defendant's name of "violation of the Punishment of Violences, etc. Act (a collective injury or injury by deadly weapons, etc.)" as "special injury" and "Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act" as "Article 258-2(1) and Article 257(1) of the Criminal Act" as "Article 258-2(1) and Article 257(1) of the Criminal Act, and the part of the judgment below

However, the prosecutor's assertion of misunderstanding of facts and misapprehension of legal principles is still subject to the judgment of this court.

3. Judgment on the prosecutor's assertion

A. At around June 6, 2014, the Defendant: (a) around 23:50 on June 23, 2014, at the home of the victim B located in Gangwon-gun E, the Defendant: (b) placed golf loans (a total length of 111cc), which are dangerous things that had been prepared in advance, toward the victim; and (c) avoided the use of golf loans by hand; and (d) placed the victim’s chest part of golf loans, which was standing the end of the charges one time by walking over the floor of the victim, and caused the victim to walk up to the floor for about two weeks in need of medical treatment.

B. The lower court’s judgment on the assertion of mistake of facts.

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