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(영문) 부산고등법원 2014.11.12 2014노500

존속상해치사등

Text

Defendant

The appeal filed by both the candidate for medical treatment and custody and the prosecutor shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. If there was an active emergency measure, such as misconception of facts and misapprehension of legal principles, after the Defendant and the candidate for medical treatment and custody (hereinafter “Defendant”), the F et al. transferred the victim to each hospital to receive medical treatment, the victim did not reach the victim’s death. Therefore, there is no causal relationship between the Defendant’s crime and the victim’s death.

(2) The lower court’s imprisonment (four years of imprisonment) against the Defendant of unreasonable sentencing is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too uneasible.

2. Determination on the defendant's case

A. According to the evidence duly adopted and examined by the court below on the part of the defendant's assertion of mistake of facts and misapprehension of legal principles, the victim has been living mainly because it is difficult for the victim to live in normal dynamics due to his/her old age, heavy wind, etc. on October 17, 2013, and the defendant was able to see the victim's face side by hand on the ground that the victim took a bath at around 09:30 on October 17, 2013, and he/she did so several times, such as the victim's two sides, backs, exhausts, and he/she did so. Accordingly, even though the victim did not take a bath at the hospital, the victim was found to have suffered an injury from the victim's 20% of his/her own blood, she did not want the victim's 10th of the body.

According to the above facts of recognition, the defendant injured the victim to the extent that the bones, bones, etc. are to be cut off, and the blood transfusions attached to the bend continue to progress, and the victim is eventually dead of low blood transfusion shock.