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(영문) 대구지방법원 2018.01.19 2017노4379
특수상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. As to the special injury by using the first system among the facts charged in the instant case, as a misunderstanding of the facts, the Defendant already forced the Defendant to take the first system for two hours by assaulting the victim, and the victim suffered an injury to the first system without any choice but without any choice to do so.

Although the court below found the defendant not guilty of this part of the facts charged, it erred by misunderstanding the facts and affecting the conclusion of the judgment.

2) The sentence sentenced by the lower court to the Defendant (one hundred months of imprisonment) is too unhued and unreasonable.

B. Defendant 1) As to the charge of confinement among the facts charged in the instant case by mistake, the Defendant: (a) left the victim’s cell phone so that the victim could be seen; (b) did not engage in any particular act to detain the victim even after the Defendant’s studio; and (c) took into account the fact that the Defendant committed a studio for about 30 minutes to seek a medicine, the Defendant detained the victim.

shall not be deemed to exist.

However, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

2) At the time of committing the instant crime, the Defendant was suffering from depression disorder, etc., and due to that, he was in a state of mental and physical weakness which lacks the ability to discern things or make decisions.

3) The sentence sentenced by the lower court to the Defendant is too unreasonable.

2. Judgment on the grounds for appeal by the prosecutor

A. Before determining the grounds for appeal by the prosecutor ex officio, as to the facts charged in the instant case, the prosecutor examined ex officio prior to the determination of the reasons for appeal by the prosecutor, and the prosecutor changed the name of the crime as stated in the corresponding part of the facts charged, with regard to “Attempted suicide”, “Articles 254, 252(2) and (1) of the Criminal Act”, “Article 254, 252(2) and (1) of the Criminal Act, and the applicable law.

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