상해치사
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for eight years.
1. Summary of grounds for appeal;
A. As to the summary of the Defendant’s grounds for appeal (i) mistake of facts or misapprehension of legal principles, the Defendant reported 112 after the instant crime, and sent the police to the scene for himself, and reported 119 and sent the victim to the hospital, the lower court erred by misapprehending the legal doctrine or misapprehending the legal doctrine, even though it constitutes a self-denunciation and should be mitigated or exempted from punishment pursuant to Article 52(1) of the Criminal Act.
B. The sentence of imprisonment (six years of imprisonment) imposed by the court below on the defendant is too unreasonable.
B. The main point of the prosecutor’s appeal is unreasonable because the sentence imposed by the court below against the defendant is too unfasible.
2. Determination
A. As to the Defendant’s assertion of mistake of facts or misapprehension of legal principles, the lower court, as indicated in its reasoning, stated the legal doctrine on the self-denunciation as stipulated in Article 52(1) of the Criminal Act, and acknowledged the facts as indicated in its reasoning, determined that the police who reported to 112 after the instant crime and dispatched to the scene cannot be deemed to constitute “self-denunciation” in that the Defendant committed an assault against the Defendant on the part of the victim regarding the developments leading up to the use of the victim.
In light of the records, a thorough examination of the evidence duly adopted and examined by the court below, the court below's above fact-finding and determination is justified, and there is no error of law by misunderstanding facts or misunderstanding legal principles as pointed out by the defendant.
Therefore, this part of the defendant's assertion is without merit.
B. As to the assertion of unfair sentencing by the Defendant and the prosecutor, there was no criminal record of the Defendant, and the Defendant reported the instant crime directly to 112 and 119 so that the victim was sent back to the hospital, and took emergency relief measures. However, the Defendant was also taking emergency relief measures.