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(영문) 대구지방법원 2017.05.25 2016노2294
특수상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Comprehensively taking account of the evidence submitted by the prosecutor by mistake of facts (the part concerning special injury and special assault in the judgment of the court below), the court below found the defendant guilty of special injury and special assault among the charges of this case (hereinafter “the charges of this part”), since it can be acknowledged that the defendant committed an injury in the course of causing the victim's injury, i.e., the victim's face and head, frighting the victim's face and head, and assaulting the victim by inserting the insertion towards the victim.

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

B. The sentence of the lower court (eight months of imprisonment, two years of suspended execution) is deemed to be too uneasy and unfair.

2. Judgment on the assertion of misunderstanding of facts (the part concerning special injury or special assault in the judgment of the court below)

A. The summary of this part of the facts charged is the person who resides in adjoining areas with the victim E (58) and the 9th degree of relationship, and the victim was in a usual conflict due to the removal of the load installed on the Defendant’s land without permission.

1) On August 13, 2015, at around 6:00 on August 13, 2015, the Defendant suffered from a special injury: (a) while entering into a dispute with the victim as a matter of removal of his/her house at the dwelling space of the victim F of the Yancheon-gun, Chungcheongnamcheon-gun; (b) while taking a dangerous object on the part of his/her workplace (43 cm in length), the Defendant inflicted on the victim’s left side of his/her workplace, resulting in an injury to the victim, requiring approximately five weeks medical treatment.

2) The Defendant continued to commit a special assault, i.e., the date, time, and place indicated in the foregoing paragraph 1, stating that “the victim would see the victim’s face and head inside the land,” and assaulted the victim by inserting characters, which are dangerous things in front of the container door, (1m in length).

B. The lower court’s determination is that the victim’s statement is not reliable and different in full view of the circumstances as indicated in its reasoning.

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