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(영문) 부산고등법원 2017.06.15 2017노214
특수폭행치상등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. Summary of grounds for appeal;

A. It is reasonable to misunderstanding the facts (the part concerning the crime of bodily harm caused by special assault as stated in the judgment of the court below) that the defendant had the victim go beyond the victim under the same circumstances as stated in this part of the facts charged, but the court below found the victim guilty of this part of the facts charged, although the defendant did not take several steps on the bridge of the victim in excess of the above mentioned facts. The court below erred by

B. At the time of each crime in the judgment of the court below, the Defendant was in the state of mental or physical loss or mental weakness (e.g., under the influence of alcohol or with mental or physical weakness).

(c)

The punishment sentenced by the court below to the defendant (six months of imprisonment) is too unreasonable.

2. Determination

A. Regarding the assertion of mistake of facts, according to various evidences duly adopted and examined by the court below, including the fact that the defendant led to the confession of this part of the facts charged at the court below, it is sufficiently recognized that the defendant followed the part of the victim E's bridge beyond the same background as the stated in Paragraph 1 of the facts charged in the judgment below. Even if not, the injury suffered by the victim was incurred in the course of the victim's escape by avoiding the defendant's special assault act as stated in the judgment of the court below. Thus, the victim's special assault act (in other words, the special assault act except the victim's several navigations) and the injury suffered by the victim was recognized as having considerable relation to the victim's special assault, and thus, the establishment of the crime of bodily injury caused by special width as stated in the judgment of the court below does not affect any conclusion. Thus, this part of the defendant'

B. As to the assertion of mental disorder, in light of the details, means, method, and result of each crime as indicated in the judgment of the court below, which was duly adopted and examined by the court below, and the circumstances before and after the crime, etc., the defendant is under the influence of alcohol at the time of the above crime,

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