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(영문) 서울고등법원 2012.12.27 2012노2911

중상해

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Fact-finding Defendant 1 did not have assaulted a victim in the taxi, and there was no humpous hump each other after getting off the taxi, but the Defendant did not commit any assault or threat against the victim, and the victim’s first going beyond the influence of alcohol was found in the process of bumping the Defendant’s hand by the victim’s humping. The victim’s second going beyond the victim’s hump regardless of the Defendant’s act and the result of the Defendant’s act and the victim’s humping, which did not have any intention to cause serious injury, and there was no proximate causal relation or predictability between the Defendant’s act and the victim’s humping, which affected the conclusion of the judgment by mistake of facts. 2) The judgment of the court below that found the Defendant guilty of the instant serious injury in the crime of this case is unfair.

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

2. In the judgment on the grounds of appeal by the Defendant and the prosecutor ex officio prior to the judgment on the grounds of appeal by authority, the facts charged in this case were examined by the prosecutor, and the applicable provisions of the Criminal Act were "accident resulting from injury" and "Article 259 (1) of the Criminal Act". In the facts charged, the part of the facts charged "the Defendant inflicted serious injury on the victim's life due to bodily injury on the part of the victim, i.e., e., e., e., ex officio so far as the number of days of treatment is unknown, she changed the part of the facts charged to "the victim's bodily injury caused the victim's death due to an external shock, i.e., e., e., s., e., s., e., s., e., s., e., s., e., s., e., s., e., e., the victim's death.