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(영문) 의정부지방법원 2018.01.11 2017노2609
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the charge of special injury among the facts charged in the instant case by misapprehending the legal doctrine, the injured party G, which suffered from the victim G, cannot be deemed to constitute “injury” in the crime of special injury.

Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous in the misapprehension of legal principles.

B. The sentence sentenced by the lower court to the Defendant (six months of imprisonment, one year of suspended sentence) is too unreasonable.

2. Determination

A. The Defendant asserted that the aforementioned grounds of appeal are identical to the misapprehension of the legal doctrine among the grounds of appeal.

As to this, the court below rejected the Defendant’s above assertion by admitting the Defendant guilty of all the facts charged in the instant case based on the evidence presented in its judgment.

When comprehensively taking into account the following circumstances, which can be recognized by the evidence duly admitted and investigated by the lower court and the first instance court, the Defendant committed “injury” to the victim G with the knife of knife, which is a dangerous object.

may be seen.

Therefore, the court below erred by misapprehending the legal principles and affecting the conclusion of judgment.

The defendant's argument of misunderstanding the legal principles cannot be accepted.

1) The victim G is consistent with the investigative agency from the investigation agency to the court of the trial at the time of the case, and there was a suspicion of the head by the knife with the knife, etc. of the Defendant at the time of the case.

was stated.

According to the victim G and N’s testimony, the father of the above victim N, the victim G complained of N with the pain of head on the day of the instant case, and the victim G was found to have been diagnosed by the doctor (including X-ray and stigraph) by moving the victim G to the emergency room of the hospital.

2) Accordingly, the written diagnosis of the injury to the victim G prepared by the physician working in the emergency room on the day of the instant case is accompanied by the victim G’s quality illness “humbing of face.”

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