logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.11.15 2018노1877
특수상해
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (one year of imprisonment, two years of suspended execution, and two hundred hours of community service) is too unhued and unreasonable.

B. The lower court found Defendant (1) guilty of the charge of special bodily injury committed against the Defendant by paying attention to the head of the victim’s head to the small-scale illness on the tables, where the Defendant had drinking alcohol with the victim.

However, the Defendant did not carry a major disease, but did not carry a major disease with the victim and the major disease that was small in the table. It cannot be viewed as a dangerous thing for a major disease.

Therefore, the court below erred by misunderstanding facts and affecting the conclusion of the judgment.

(2) The sentence of the lower court’s improper sentencing is too unreasonable.

2. Determination

A. According to Article 258-2 (1) of the Criminal Act regarding the defendant's assertion of mistake of facts, "hazardous articles" includes all articles that can be widely used to harm human life and body, even though they are not deadly weapons. Thus, it includes not only the articles created for the purpose of destroying the life and body of a person, but also the knife, knife, glass bottle, various tools, vehicles, etc. created for other purposes, such as chemical drugs or dead animals, etc., used to harm human life and body, it includes not only the phrase "influence" but also the phrase "influence of these articles" is widely used to harm human life and body of a person (see Supreme Court Decision 2002Do2812, Sept. 6, 2002). In light of the above legal principles, the health team, as well as the body of a person who was injured by the victim, such knife by the victim, or as a knife the victim's body.

arrow