[감금치사][공2002.12.1.(167),2784]
[1] The case holding that there is a proximate causal relation between the act of confinement and the result of the death of the blood involved due to the suspension of pulse connection
[2] Whether the crime of confinement against the mentally ill person is established (affirmative)
[1] The case holding that there is a proximate causal relation between the result that the blood cycle was formed and the blood cycle caused the death of the victim by combining the victim's grandchildren and sals that led to almost 17 hours of death because the victim's grandchildren and sals were not cut down for 4 days of water tank, and the victim's losses and salponsed about about about 17 hours of death, and the act that caused interference with the blood circulation in a narrow vehicle, which combines the victim's losses and salponsing them into a narrow vehicle
[2] A mental patient may also be the object of the crime of confinement.
[1] Articles 17, 276(1), and 281(1) of the Criminal Act / [2] Article 276(1) of the Criminal Act
Defendant
Defendant
Attorney Choi-ho et al. and 3 others
Daejeon High Court Decision 2002No316 delivered on July 26, 2002
The appeal is dismissed. 70 days out of detention days after the appeal shall be included in the original sentence.
In light of the records, the defendant appealed the judgment of the court of first instance only on the ground of unfair sentencing. In such a case, the defendant cannot be deemed as the ground of appeal that there was an error of mistake or misapprehension of legal principles as to the judgment of the court of first instance (see, e.g., Supreme Court Decisions 94Do2134, Feb. 3, 1995; 96Do2076, Nov. 8, 1996). Furthermore, in light of the records, the evidence of the judgment of the court of first instance cited by the court below on the period of confinement of the victim, etc., some of the judgment of the court below is insufficient, but the facts leading to the death of the defendant by confinement of the victim can be sufficiently recognized, and the above act of the defendant cannot be deemed as a justifiable act or an emergency evacuation, and it cannot be deemed that there was no error of law by combining the legal principles as to the act of death with the victim's hand and the object of death that led to a narrow causal relation with the act of death.
In addition, in this case where the defendant was sentenced to imprisonment for a period of two years and six months, the reason that the amount of punishment is unreasonable is not a legitimate ground for appeal.
Therefore, the appeal shall be dismissed, and part of the number of detention days after the appeal shall be included in the original sentence. It is so decided as per Disposition by the assent of all participating Justices.
Justices Song Jin-hun (Presiding Justice)