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(영문) 서울남부지방법원 2020.11.10 2019노2347
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Legal doctrine-based plastic chairs carried by the Defendant does not constitute dangerous articles.

B. The court below's decision on unfair sentencing: 8 months of imprisonment and 2 years of suspended execution

2. Determination

A. As to the assertion of misapprehension of the legal doctrine, “hazardous goods” includes all goods that may be used to inflict harm on human life and body, even if they are not a deadly weapon, since they include not only the goods made for the purpose of killing and damaging human body, but also the goods made for any other purpose, if they are used to inflict harm on human life and body, they are “hazardous goods” (see, e.g., Supreme Court Decision 2002Do2812, Sept. 6, 2002). In a specific case, whether they constitute dangerous goods ought to be determined depending on whether the other party or a third party may cause harm on human body, in light of social norms.

In light of the above legal principles, in light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, the defendant's head was the victim's victim's head, and the victim was injured as a result, the victim's victim was composed of relatively short materials, and each part of the plastic chairs in this case is sufficient to inflict injury upon the victim's body due to their main weight or weight, and therefore, it seems that the injured person would have a considerable fear of fear. Thus, it is reasonable to view that the plastic chairs in this case constitutes "hazardous goods" as goods that could cause harm to the victim or a third party's life or body. Thus, this part of the defendant's assertion is without merit.

B. The Defendant did not have a previous record of punishment in Korea, and agreed with the victim, but the content and method of assault is inadequate.

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