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(영문) 서울고등법원 2018.06.21 2018노992
중상해등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The court below dismissed the charge of assault among the facts charged in this case, and convicted all the remaining facts charged in the second trial trial date protocol of the court below No. 38 of the trial record. The defendant and the prosecutor appealed against the above guilty part.

Therefore, since the dismissal part of the judgment below is separately confirmed, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. Summary of reasons for appeal;

A. Defendant 1) misunderstanding of the facts or misunderstanding of the legal principles, ① The alcohol disease of the Defendant against the victim H cannot be deemed as a dangerous object of special injury, and ② Even if the foregoing alcohol disease is recognized as a dangerous object in domestic affairs, the Defendant was on purpose of assault.

Therefore, apart from the establishment of the crime of bodily injury resulting from special assault, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby finding a special injury as to this part of the construction work.

2) In light of the fact that the defendant was found not to have been punished for the defendant, the punishment sentenced by the court below (one hundred months of imprisonment and two years of suspended execution) is too unreasonable.

When a defendant is given an opportunity to take a public office in the future, he/she shall be punished by a fine or by a suspended sentence of imprisonment so that the defendant may take such opportunity.

B. Prosecutor 1) In fact, the injury inflicted on the victim D due to misunderstanding of the fact constitutes a serious part of the body’s body’s body’s body’s body’s body’s body’s body’s body’s body’s body’s body’s body’s body’s body’s body’s body’s body’

2) In light of the background leading up to the occurrence of the instant case and the degree of injury suffered by the victim D, the above sentence that the court below committed against the Defendant is too uneasible.

3. Determination

A. The defendant's person.

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