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(영문) 부산지방법원 2017.09.08 2017노2684
특수상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.

B. The prosecutor (not guilty part of the reasoning of the judgment below) found the Defendant guilty of the special injury of this case on the ground that the Defendant, in the apartment inside the apartment site, inflicted an injury on the victim's fingers and threatened the victim with a knife with a knife and the victim with a knife in the main room, and that this was committed by the criminal intent of a single injury at extremely adjacent time and place, but the court below acquitted the Defendant on the facts of the special injury of this case. The judgment of the court below erred

2. Determination

A. Examining the evidence of this case as to the reasons for the prosecutor's appeal in detail in light of the records, the court below is justified in holding the defendant not guilty of this part of the charges, on the ground that even according to the facts charged itself, the defendant's intent to use the knife knife after the defendant inflicted an injury on the victim, and that he did not possess the knife or have the knife at the time when he inflicts an injury on the victim, and that this cannot be applied to the crime of causing an injury by carrying a deadly weapon with him, and there is no error of law by misunderstanding legal principles

Therefore, prosecutor's assertion is without merit.

B. Each of the instant crimes in determining the grounds for appeal by the Defendant is acknowledged as having committed an act of impairing the reputation of the victim E by pointing out false facts, or repeatedly assaulted the victim E and H, and threatened the victim I by carrying a knife, which is a dangerous or dangerous object, and the responsibility for the crime is very very heavy, and the Defendant has been punished by a fine for a total of times, having been punished by a fine, or having been punished by a punishment for a single crime.

However, the defendant has led to the confession of all crimes, and his mistake is divided, and the victim I is the defendant.

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