상해치사
The judgment of the first instance shall be reversed.
Defendant shall be punished by a fine of KRW 1,500,000.
The above fine shall not be paid by the defendant.
1. According to the evidence submitted by the Prosecutor’s summary of the grounds for appeal, in the event that the Defendant was faced with the victim’s head in the situation where the Defendant was faced with the victim’s chest, and the Defendant was faced with the victim’s face, thereby causing the death of the victim, the court of first instance that acquitted the Defendant, by misapprehending the facts or misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.
2. Determination:
A. Before the judgment on the grounds for appeal by the prosecutor ex officio, the prosecutor ex officio examined the facts charged against the death resulting from an injury for which innocence was rendered in the court of first instance in the court of first instance, while maintaining the facts charged as the primary facts charged, "injury" was added to the name of the offense, and the applicable provisions of Article 257 (1) of the Criminal Act applied for the permission of modification of an indictment to add the facts charged as stated below [the judgment which is written differently] to the facts charged, and the subject of the judgment was changed by this court's permission, so the judgment of the court of first instance cannot be maintained any further.
However, there are such reasons for ex officio reversal.
Even if the prosecutor's argument of mistake of facts and misapprehension of legal principles on the primary facts is still subject to the judgment of this court, it will be examined.
B. On May 24, 2013, the summary of the primary facts charged is as follows: (i) the Defendant was aware of the victim H (such as the 42 years of age) who was referred to in D, G, and D in front of the Franchi, the Franchi, which was in the city of the Government of the Republic of Korea on May 24, 2013, and became aware of it through D, G, and D; and (ii) the Defendant went against D, etc. after drinking alcohol; (iii) the Defendant went against D, etc. under the influence of alcohol; and (iv) carried out fighting with the victim’s body by pushing the victim’s chest with the two hand; and (iv) the victim was pushed the victim’s chest, thereby going beyond the lower part of the instant Blue rice and the parking ban.