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(영문) 대구고등법원 2017.06.27 2017노184

폭행치사등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and legal principles 1) In light of the fact that the victim F was likely to have predicted the result of death, first of all, during the process of spreading the defendant’s bridge because the F did not put the defendant’s bridge, the victim could not be predicted to have died at the time of assaulting the victim.

2) The illegality of the Defendant’s defense of a political party or the Defendant’s lawful act constitutes a legitimate defense or legitimate act.

B. The sentence sentenced by the lower court to the Defendant (two years of imprisonment) is too unreasonable.

2. Determination

A. 1) Determination as to the assertion of mistake of facts, etc. 1) Determination as to the legal principles related to the crime of assault and death as a result is an aggravated crime, so there should be negligence, i.e., predictability of the result of death, in addition to the causal relation between the crime and the result of death, i.e., the possibility of predicting the result of death, and such predictability should be strictly taken into account specific circumstances, such as the degree of assault and the response status of the victim (see, e.g., Supreme Court Decision 90Do1596, Sept. 25, 1990). (B) Comprehensively taking into account the evidence duly adopted and examined by the court below, the defendant could have sufficiently predicted that the result of the death of the victim was likely to occur due to

Therefore, the judgment of the court below which held that the crime of assault and death is established against the defendant under the premise that such predictability is recognized is just.

① The Defendant, as the chief of the head of G2’s head of the head of the family room, lived together with the victim F and approximately one year and nine months, which are the causes of the head of the family room. As such, the Defendant is deemed to have a speech disorder, and the victim is a patient with a delay in the 2nd head of the spine of the 2nd disability, with approximately approximately 140 meters height as a patient with a kidy on the side of the spine of the 2nd disability, and is not good in health conditions.