beta
Text
The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts) is as follows: (a) an accident involving the body of the victim was occurred in the front part of the Defendant’s car carriage vehicle, such as the facts charged at the time of the instant case; (b) however, the said accident was merely by negligence of the Defendant, not by intention.
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.
2. Determination
A. On January 26, 2018, the summary of the facts charged in the instant case: (a) around 15:00, the Defendant: (b) directed the victim B (72) on the 36-lane, as in Seocho-gu Seoul Seocho-gu, to enter the “costcoco,” which is a large discount store in the capacity of an exemplary driver; (c) tried not to observe the order of entry; and (d) attempted to enter the vehicle into the two-lanes by leaving the vehicle in a two-lane manner; and (e) attempted to leave the vehicle in a three-lane manner; and (e) assaulted the victim’s part of the front criminal part of the vehicle that is a dangerous object, by taking advantage of the victim’s distribution part.
B. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the evidence adopted and examined by the lower court.
(c)
1) The intention of the crime includes not only conclusive intention but also so-called dolusor intention, so the crime of assault is also established by dolusor intention.
In addition, the subjective element of the constituent elements of the crime that do not have the intention to commit the crime refers to the case where the possibility of occurrence of the crime is expressed as uncertain and it is acceptable, and there was an incomplete intention.
In order to do so, there is not only awareness of the possibility of the occurrence of the crime, but also there is a internal intent to allow the risk of the crime, and whether the offender has accepted the possibility of the crime or not or not is an act of external appearance, not dependent on the statement of the offender.