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(영문) 울산지방법원 2021.02.09 2020노1562
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the special injury to a police officer on July 2019, the victim’s wife is merely minor and naturally cured, and thus does not constitute an injury in the crime of injury.

2) As to the special injury on May 30, 2020, the Defendant did not have any intention to inflict an injury on the victim, and there was no perception that the Defendant had a knife on the knife.

3) As to Section 3, the Defendant did not have the intention of larceny since the Defendant confirmed the content of the mobile phone that the victim saved and thought to return it immediately.

B. The punishment of the lower court (one year and four months of imprisonment) is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. On July 2019, the lower court determined as follows: (a) based on the evidence in its holding, the lower court: (b) acknowledged the fact that the Defendant, by using a kitchen knife, had a part of the victim’s entrance in a kitchen, had a considerable amount of running away; (c) thereafter, the Defendant provided self-treatment, such as having a part of the victim’s entrance with a kitchen knife and having a knife on the upper part; and (d) recognized the fact that the victim got out of the upper part of the kitchen; (c) the above upper part suffered by the victim does not interfere with the natural healing and daily life without any need for treatment; and (d) it is difficult to view that the above upper part suffered by the victim is the same as the upper part of the victim’s daily life, and even if there is no assault, it constitutes injury that may result

2) The injury of a crime of injury to a deliberation by a party means impairing the completeness of the body of the victim or impairing physiological functions.

In the event that there is a very minor situation accompanied by violence and there is no need for treatment, and there is no obstacle to natural healing and daily life, it can be said that the injury does not constitute an injury.

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