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(영문) 서울고등법원 2017.09.28 2017노1325
특수중상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for ten years.

The number of seized shot guns (No. 1) and 10 (No. 10) total eggs.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant’s assertion (1) misunderstanding of the facts or misapprehension of the legal doctrine does not constitute a serious injury as provided in Article 258 of the Criminal Act, the lower court found the Defendant guilty of committing a special serious injury by misunderstanding of the facts or misapprehending the legal doctrine.

(2) The punishment sentenced by the lower court (12 years of imprisonment, confiscation) is excessively unreasonable compared to the extent of the Defendant’s responsibility.

B. The above sentence of the prosecutor's assertion by the court below is unfair compared to the defendant's liability.

2. Determination

A. In order for the crime of bodily injury to be established among special special circumstances stipulated in Article 258-2(2) of the Criminal Act and Article 258(2) of the Criminal Act, the victim may be required to have suffered from an incurable or incurable disease due to bodily injury.

According to the evidence duly admitted and investigated by the court below and the court of the first instance, the following facts can be acknowledged.

(1) The Defendant’s shot gun in a hunting hunting gun was used by the investigative agency for hunting at “the Defendant’s shot shot shot shot shots and pigs,” showing two shot shots in guns, one of which is strong, instead of being shot shot, and the other is weak in lieu of being shot shot.

The explanation was explained to the effect that “a strong purchase was made” (Evidence No. 38-39 page of evidence). Then, the victim’s knee, knenee, and mari were sent three times only to the body of the victim.

② The injured party suffered injuries, such as “one place on the right knee, two places on the left side buckbucks, one place on the right side side side side side bucks, one on the right side side side bucks, one on the side side bucks, one on the right side bucks, one on the right side bucks, one on the right side bucks, one on the right side side bucks, one on the right side side bucks, one on the right side side bucks, one on the right side bucks,” etc.

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