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(영문) 서울고등법원 2013.06.21 2012노4226

상해치사등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

One set of evidence (No. 1) that has been seized.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles 1) The Defendant only committed an act to a degree of flaging or unflaging the victim by flaging, flaging, flaging, or flaging the victim, in order to protect the victim under the influence of alcohol. As stated in this part of the charges, the Defendant did not inflict an injury, such as double damage, etc., on the victim by using violence, such as walking the victim's clothes, taking the victim's clothes by flaging, taking the victim's clothes by flaging the victim's flag, taking the victim's clothes by flaging the victim's hair, or taking the victim'

B) Even if it is recognized that the defendant inflicted a bodily injury on the victim, the victim was fluent due to excessive drinking at the time and cannot be deemed to have a causal relationship between the defendant's injury and the death of the victim, and it cannot be said that there is a possibility for the defendant to anticipate the death of the victim) Nevertheless, the court below found the defendant guilty of this part of the facts charged due to mistake of facts

2) Although there was no fact that the Defendant inflicted injury on the victim G around August 2008, the lower court found the Defendant guilty of this part of the facts charged due to misunderstanding of facts or misapprehension of legal doctrine, the lower court found the Defendant guilty of this part of the facts charged, inasmuch as the Defendant did not assault the victim around 06:0 on December 2, 2010, the lower court found the Defendant guilty of this part of the facts charged due to misunderstanding of facts and misapprehension of legal doctrine.

4. Around July 21, 2012, the Defendant called the victim’s cell phone phone on July 23:58, 2012 and left the voice camera “I, I, C, I, I, I, C, I, I, I, C, I, I, C, I, I, I, and I, I, you, know, I, and I, you will do so.” However, this is merely merely because the Defendant’s simple emotional humiliation or temporary labor speech is expressed.