(영문) 수원지방법원 2017.12.07 2016노8011 | 리걸엔진

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(영문) 수원지방법원 2017.12.07 2016노8011

특수상해

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In regard to the conjunctive facts charged, Defendant 1 does not constitute a dangerous product for the instant Nowhbuk.

In addition, the defendant cannot be viewed as violence against the victim merely because he had a floor that is not the victim.

Nevertheless, the judgment of the court below which found the defendant guilty of special assault among the facts charged of this case is erroneous in fact.

2) The sentence of the lower court (an amount of KRW 4 million) that is unfair in sentencing is too unreasonable.

B. According to the evidence submitted by the prosecutor, such as a consistent statement of the victim's consistent damage (as to the primary facts charged), and a written diagnosis of injury supporting such statement, it can be acknowledged that the Defendant, as stated in the primary facts charged in the instant case, was faced with the original parts of the Nowon-gu computer, and caused the damage to the left-hand blue in line with the part of the victim's arms.

Nevertheless, the judgment of the court below which acquitted the defendant on this part of the facts charged is erroneous as a matter of law.

2) The above sentence of the lower court’s improper sentencing is too unhued and unreasonable.

2. Determination

A. On December 23, 2015, the summary of this part of the facts charged (the primary facts charged) is that the Defendant, at the E- Middle School principal office located in Ansan-gu, Seoul, about 09:00 on December 23, 2015, had a dispute over the list of students in charge of cleaning the victim F (51 tax) and the playground, which is a dangerous object on his/her book (60cm wide, 25cm high, 15cm high, 2ccm high, 2ccm high, 2ccm high, etc.) with the victim's arms, thereby leading the victim to be in accordance with the part of the victim's arms.

2) The lower court determined that the victim suffered spambling, etc. from the victim’s arms in the investigative agency and in this court, the Defendant suffered from the victim’s arms upon the victim’s arm’s length, in accordance

The testimony was made at that time, but was at that time.

유사 판례

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