logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.07.22 2016노1366
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and legal principles 1) The damage suffered by the victim E does not interfere with daily life even if it does not receive treatment, and can be naturally cured due to the passage of time, and thus does not constitute the injury. However, the judgment of the court below which found the defendant guilty of committing a crime of special injury by misunderstanding of facts or misunderstanding of legal principles, which affected the conclusion of the judgment.

2) Since the Defendant’s crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) was abolished after the Defendant’s crime against the victim E, Article 257(1) of the Criminal Act can only be applied to the Defendant’s act, and Article 258-2(1) of the Criminal Act (a special injury) newly established after the Defendant’s crime cannot be applied, the lower court erred by misapprehending the legal doctrine that found the Defendant guilty of special injury, thereby adversely affecting the conclusion of the judgment.

3) Since the Defendant’s act of assaulting the Victim F, which is a dangerous object, was committed against the Defendant, the crime against the Victim F constitutes a simple assault crime. Since the Defendant agreed with the Victim F before the judgment of the court below was rendered, this part of the prosecution was dismissed, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

B. The punishment of the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. 1) On the first argument of misunderstanding of facts and legal principles, the first argument was adopted by the lower court and the first instance court and the first instance court and the evidence duly examined, i.e., the victim E received medical treatment at the M Hospital on the day of the instant case and received a written diagnosis of injury (Evidence 32 pages of the evidence record). The above written diagnosis of injury was sent to the victim E, and the victim stated the two parts and both sides, and the statement was made on both sides.

arrow