(영문) 청주지방법원 2017.06.15 2017노239 | 리걸엔진

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크기(pt)

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줄 간격

자간(%)

(영문) 청주지방법원 2017.06.15 2017노239

특수상해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to the crime of special assault as stated in the judgment of the court below, 1) misunderstanding of facts or misunderstanding of legal principles, the fact that the defendant used to assault the victim is recognized, but the defendant's knife of knife does not possess below the intent to use for the crime, but rather, it is nothing more than intended to commit the crime, so

2) As to the crime of special injury in the holding of the court below, the fact that the defendant inflicted an injury on the victim is recognized, but the victim directly shouldered the so-called So-called So-called So-called So-called So-called the Defendant, and the defendant did not possess the so-called so-called so-called the Defendant’s possession of the so-called so-called so-called a special injury.

3) Therefore, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

B. The sentence of the lower court’s unfair sentencing (one hundred months of imprisonment) is too unreasonable.

2. Determination

A. 1) As to the assertion of misunderstanding the facts or misapprehension of the legal doctrine, assault referred to in the crime of assaulting the victim’s body means exercising physical or mental suffering. It does not necessarily require any contact to the victim’s body. The illegality should be determined by comprehensively taking into account the purpose and intent of the act, circumstances at the time of the act, the form and type of the act, the existence and degree of pain inflicted on the victim (see Supreme Court Decisions 2000Do5716, Jan. 10, 2003; 2009Do6800, Sept. 24, 2009, etc.). In addition, the phrase “person who committed the crime by carrying a deadly weapon or any other dangerous object” refers to the case where he carries a deadly weapon under his intention to use for the crime at the scene of the crime, and it does not include the case where he/she intends to possess it at the scene of the crime, but does not include a deadly weapon under his/her body, etc., at the scene of the crime.

참조판례

-대법원 2003. 1. 10. 선고 2000도5716 판결

유사 판례

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