(영문) 울산지방법원 2019.06.20 2018노1349 | 리걸엔진

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(영문) 울산지방법원 2019.06.20 2018노1349

상해

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 500,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal (not guilty part, mistake of facts and misapprehension of legal principles);

A. The crime of assaulting or causing bodily injury, which is a result of an aggravated crime, requires intention only for the basic crime, and does not require intention for the serious result.

In this case, the Defendant’s act of shocking the victim’s growth and causing the victim’s injury is merely a serious result of the Defendant’s intentional breath and ebbbbbling with the victim, and thus, the Defendant does not require intention.

Nevertheless, the lower court determined that the evidence submitted by the prosecutor alone was insufficient to deem that the Defendant intentionally followed the victim’s growth or caused the growth and growth of the victim, thereby not guilty of this part of the facts charged that the Defendant suffered salt of the scambling, singinginging, and other parts necessary for treatment for about two weeks, by misapprehending the legal doctrine on an aggravated crime.

(b)in the case of an aggravated crime, the causal relationship may be recognized even if the occurrence of the result is not the sole cause or the direct cause of the result of the defendant's act, but the occurrence of the result is the case where the victim or a third party's negligence

Even if the Defendant and the victim voluntarily contributed to the injury of the victim in the course of fighting fighting with breath’s body, the causal link between the Defendant’s assault and the injury of the victim is not denied.

In addition, according to the death diagnosis document, the injury suffered by the victim (e.g., the shoulder and the string of the arms) can be fully recognized as the injury of the crime of injury.

Nevertheless, the lower court rendered a not guilty verdict on this part of the facts charged, which led the Defendant to a misunderstanding of facts or misunderstanding of legal principles, thereby causing the Defendant to shoulder and strawe

2. Determination

A. The summary of the instant facts charged is as follows: (a) the Defendant on April 20, 2018.

유사 판례

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-부산지방법원 2017.01.19 2016고단7754