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(영문) 청주지방법원 2018.08.17 2018노2
특수상해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Prosecutor 1) misunderstanding the facts and misapprehension of the legal principles as to the facts charged in the instant case, the “hurgical view” (hereinafter “hurgical view”) shall be deemed to constitute a dangerous object. However, the lower court rendered a judgment of not guilty on the ground that it cannot be readily concluded that the Hurgical view was a dangerous object, on the ground that it cannot be readily determined that the Hurgical view was a dangerous object, the lower court determined the facts charged in the instant case as a crime of assault and bodily injury, and did not recognize a special crime of assault and special injury, and without recognizing it. In so doing, the lower court erred by misapprehending the legal principles, thereby adversely affecting the conclusion

2) The punishment sentenced by the lower court (one million won in penalty) is too uneased and unfair.

B. Defendant 1’s mistake and misapprehension of the legal doctrine) The Defendant did not agree with the victim’s chest or ship due to the escape of the camping hole of this case, or the victim’s chest or ship.

B) Although the Defendant committed an act to the victims such as the failure to take the victim’s head due to the depression of the camping hole in the instant case, the Defendant’s act constitutes a legitimate act that does not violate the social rules, as an instruction for the purpose of education.

C) The crime of assault is a crime falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 260(3) of the same Act. The victim K and J expressed their intention not to punish the Defendant prior to the instant indictment.

D) Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misapprehending the legal principles and thereby affecting the conclusion of the judgment.

2) The sentence sentenced by the lower court is too unreasonable.

2. Judgment on the grounds for appeal

A. Determination of the Prosecutor’s misunderstanding of the facts and misapprehension of the legal doctrine is based on what constitutes dangerous goods.

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