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(영문) 부산지방법원 2018.09.21 2018노1995
특수상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a period of five months.

Of the facts charged of this case, the crime of assault is committed.

Reasons

1. Summary of grounds for appeal;

A. Since the victim E submitted a written agreement that the defendant does not want to be punished, the court below erred by misunderstanding the facts or by misapprehending the legal principles, and thereby finding the defendant guilty of this part of the facts charged, the court below erred by misapprehending the facts or by misapprehending the legal principles.

B. The punishment sentenced by the lower court (five months of imprisonment) is too unreasonable.

2. The crime of assaulting a mistake of facts or misapprehension of the legal doctrine 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 Criminal Act. According to the records, the victim E can be acknowledged as the fact that he/she has withdrawn his/her wish to punish the defendant on March 22, 2018, after the institution of the instant indictment. Thus, the prosecution should be dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

However, the court below found the Defendant guilty of this part of the facts charged and found the Defendant guilty of concurrent crimes, including this, and sentenced a single punishment by adding more concurrent crimes. In so doing, the court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.

Therefore, the defendant's above assertion is justified.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is again ruled as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence acknowledged by this court are as follows: the court below's 1 and 2 behaviors in the column of the 1 and 2 behaviors in the court below's order that "the crime of violation of social gathering of the Punishment of Violences, etc. Act (joint injury)" be taken into consideration as "the crime of violation of the Punishment of Violences, etc. Act (joint injury)"; 3 behaviors "Assault," and 5 behaviors and 7 behaviors "victim E (victim, etc.) without good cause.

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