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(영문) 대구고등법원 2016.02.04 2015노449

상해치사등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1’s misunderstanding of facts (as to the death or injury) (as to the death or injury of a victim), the blood transfusion from an external wound, which caused the death of the victim, is not caused by the Defendant’s assault.

In addition, even if the above external wound blood transfusion was caused by the defendant's act, at the time, the defendant was not aware of the fact that he had blood transfusion, and there was no possibility for the death of the victim. Therefore, there was no possibility of predicting the death.

2) Even if it is found that the court below's punishment (10 years of imprisonment) is found guilty of illegal injury, the court below's punishment is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s assertion of misunderstanding the facts, the Defendant also argued to the same effect as the grounds for appeal on whether the blood transfusion, etc., which is the cause of the victim’s death, was caused by the Defendant’s act. As to this, the lower court explained in detail on the degree and part of the victim’s injury, the opinion of the victim’s intention to cure or have examined the victim, the cause of the victim’s death, etc., recognized by the adopted evidence, and the lower court presumed that the victim’s injury was caused by the victim’s act of self-harm, as alleged by the Defendant, rather than by the victim’s act of self-harm, and rather, in light of the degree and part of the victim’s injury, the injury may be presumed to have been caused by the Defendant’s continuous and strong sension. As such, the Defendant committed an act as described in this part of the facts charged, thereby causing injury to the victim, and it can be sufficiently recognized

The decision was determined.

A thorough comparison of the evidence duly adopted and examined by the court below with the various circumstances based on the judgment.