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(영문) 의정부지방법원 2020.05.08 2019노3123
특수상해
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. Summary of grounds for appeal;

A. In light of the legal principles (the judgment of the court below) that the victim set up against the defendant as his son who had defriends, and was placed in the table table (hereinafter “the country owner of this case”), and that the country owner of this case is an object for the purpose of sunrise, etc., the country owner of this case does not constitute a dangerous object for the crime of special injury.

Nevertheless, the first instance court found the Defendant guilty of the charges of this case by deeming that the country of this case constitutes dangerous objects of special injury. In so doing, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The respective sentence of the lower court (the first instance court: imprisonment with prison labor for one year, and the second instance court: imprisonment with prison labor for six months) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the defendant filed an appeal against all of the judgment below, and the court decided to hold two appeals jointly in the judgment below.

Since each of the judgment below's crimes is concurrent crimes under the former part of Article 37 of the Criminal Act, one sentence should be imposed in accordance with Article 38 (1) of the Criminal Act, the judgment below cannot be maintained as it is.

However, the defendant's assertion of misunderstanding the legal principles is still subject to the judgment of this court, which is examined below, despite the above reasons for ex officio reversal.

3. Judgment on misapprehension of legal principles

A. The term "hazardous substance" includes any substance that can be widely used to harm human life and body even if it is not a deadly weapon. Thus, not only a thing made for the purpose of killing or destroying a human body but also a knife, paper, glass bottle, various tools, vehicles, etc. made for other purposes, such as chemical drugs or dead animals, etc. are harmful to human life and body.

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