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(영문) 부산고등법원 (창원) 2019.09.04 2019노150

상해치사

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts in the judgment of the court below did not have the head and chest of the victim on the ground of wooden boomed boom as stated in the facts constituting the crime in the judgment of the court below. Although the defendant was frightened by cosmetics, this was intended to shoulder the victim's face, and there was no relation with the death of the victim, and the death of the victim was caused by Co-Defendant B's act. Nevertheless, the judgment of the court below which recognized that the defendant caused the death of the victim on the ground that the death of the victim was not proven by Co-Defendant B because it was not proven that the act was not caused by Co-Defendant B's act, and that the death of the victim was not caused by Co-Defendant B's independent act and caused the result of the injury, if it is not proved that the act was caused by the co-defendant.

Although the same exception is not applied to the crime of injury, the judgment of the court below which recognized the defendant's crime of injury was erroneous in the misapprehension of legal principles as to the special exception to the crime of injury.

3) The sentence of imprisonment (five years of imprisonment) imposed by the lower court on the Defendant is too unreasonable and unfair. (B) At the time of committing the instant crime with mental disorder, the Defendant was in the state of mental disorder or mental disorder.

2) The sentence imposed by the lower court on the Defendant of unreasonable sentencing (five years of imprisonment) is too unreasonable.

2. Determination

A. According to the following facts and circumstances acknowledged by the evidence duly admitted and investigated by the lower court on the part related to Defendant A’s assertion of misunderstanding of facts, Defendant A’s head and chest was found to have been found as a boomed tree boomed.

참조조문