폭행치사
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendant 1 did not have assaulted the victim E. The Defendant did not have committed an misunderstanding of facts. The Defendant committed the same action that the victim gets out of her arms and tried to catch the victim, and the victim lost her body-centered and exceeded the floor. Nevertheless, the lower court determined that the victim died by assault by the Defendant, which was in violation of law that affected the conclusion of the judgment by misunderstanding the facts, and thus, the lower court’s judgment was unreasonable. 2) In so doing, the Defendant’s imprisonment (four years of imprisonment) sentenced by the lower court is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. Judgment on the defendant's assertion of mistake of facts
A. The lower court found the Defendant guilty of committing assault on the grounds that the following circumstances acknowledged by the evidence adopted by the lower court.
1) According to CCTV video images in which the crime of this case was recorded, the defendant seems to have divided the conversations with the victim by facing the victim and facing the victim, and the victim's face was determined by the victim's own fault, and the fact that the victim was behind the victim can be acknowledged. 2) The defendant argues that the victim's private person or his wife is not of the nature that can be caused by assault, such as the facts charged, on the ground that the victim's side-to-face examination on the victim led to a wide range of hair and the body of the victim, and there was confirmation that the victim's side-to-face and the body of the victim became beyond the victim's external ability several times. However, according to the following circumstances, the autopsy opinion on the victim does not interfere with the recognition of the conviction.
(1) A private person is a victim's bodily injury, such as double alleys and saves-to-saves, and there was no injury to the victim's death in any other physical part than two parts.
(2) In cases where people face with head on the concrete floor by going beyond the rear due to strong shock, there is a gap between them.