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(영문) 서울고등법원 2013.05.31 2013노35

상해치사

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

A seized knife (No. 1) shall be confiscated.

Reasons

1. The lower court rendered an excessively heavy sentence on the grounds of appeal due to erroneous determination of facts, misunderstanding of legal principles, and inconsistent reasoning of the grounds of appeal.

2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the prosecutor examined the case at the trial, and the prosecutor applied for changes in indictment to "the victim's right bucks, the right sucks below the right spacks, the right spacks part above the right spacks, and the right spacks part above the right spacks, etc. on the right spackspacks at about 17cc in length, and the victim's right spackspacks at one time to change the victim's right spackspacks to the right spackspacks which are sufficient to be 80% well enough to leave the right spacks on the right spacks," and since this court was subject to the judgment by permitting this, the judgment below was no longer maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that there is a ground for ex officio reversal as seen above, and the following is again decided

Criminal facts

The facts of the crime acknowledged by this court are as stated in the corresponding column of the judgment of the court below except for the fact that "the victim's right bucks, the part below the right spacks, the right spacksp, and the part behind the right spackspackspacks, etc. one time at the right knife of about 17cc in length, and the government spackspackspackspacksp to the right knife" are changed to "at the right knife knife knife knife knife knife knife knife knife knife knifs

Summary of Evidence

The gist of the evidence recognized by this Court is to delete “1. Part of the Defendant’s Court Statement” from among the summary of the evidence of the judgment below, and add “1. Defendant’s Court Statement” and “1. Non-Examination Report.”