(영문) 춘천지방법원 2017.09.27 2017노542 | 리걸엔진

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(영문) 춘천지방법원 2017.09.27 2017노542

특수상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, misunderstanding of the legal principles and 1) The Defendant was merely the fact that the victim sawd as harming himself, and the Defendant did not make a part of the victim’s head as stated in the judgment of the court below, as stated in the judgment below.

2) Mail World Cup (200c glass) used by the Defendant for committing a crime is not dangerous.

3) The Defendant did not use the instant instant cups as the intention to inflict an injury on the Defendant, but rather used it as the fact that the Defendant scam was scamed by the victim and scamed with the victim as the victim scam in a purely misleading manner, and carried dangerous things.

The victim could not be deemed to have carried dangerous objects in the above circumstances.

Such a interpretation is against the prohibition of analogical interpretation or criminal statutoryism.

4) The Defendant’s act was committed by misunderstanding that the victim was frighting to oneself, and the act was excessive self-defense or was merely an erroneous defense. B. Sentencing 1) Taking account of the fact that the Defendant, who claimed to reduce the number of self-denunciation, could have found the police box south of the police station on the day when the crime was committed.

2) The sentence of the lower court (six months of imprisonment) which is unfair in sentencing is too unreasonable.

2. Determination

A. Judgment 1 on the assertion of misunderstanding the facts and misapprehension of the legal principles 1) The judgment of the court below as to the assertion of misunderstanding the behavior was duly adopted and investigated as follows. In other words, the defendant led to confession in an investigative agency and the court below as to this part, and the victim's statement appears to have made the same statement to the police officer in light of the victim's criminal facts and the report of internal investigation, and the victim's statement appears to have been made to have been made to the same purport, and the victim's injury part of the victim's injury was subcons

In light of the fact that the injury cannot be seen, the victim is merely the victim.

유사 판례

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