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(영문) 부산고등법원 2016.04.06 2015노805

상해치사

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The misunderstanding of facts or misapprehension of the legal doctrine cannot be deemed as having caused death due to the Defendant’s assault, and the Defendant could not have predicted the serious result of the victim’s death at the time of assault.

2) The sentence of the lower court’s sentence (three years of imprisonment) against an unjust defendant is too unreasonable.

B. The sentence imposed by the lower court on the Defendant by the Prosecutor is too unhued and unreasonable.

2. Determination

A. 1) The lower court’s determination on the Defendant’s assertion of misunderstanding the facts or misapprehension of the legal doctrine is based on the evidence duly adopted and examined by the lower court: (i) around June 20, 2015, the Defendant was faced with the victim’s body by cutting down the part of the victim’s body with the wall and pushing down with the wall; (ii) when the victim’s face and part of the victim’s body were forced to be strong with the wall; (iii) the victim was used on the floor without consciousness; and (iv) the victim was discovered at around 03:12 on the same day and sent to Busan University Hospital; (iii) the victim died with acute stop during emergency treatment at the above hospital around 09:05 on the same day; (iv) the victim’s body and part of the victim’s body could not be verified; and (v) the victim’s body and part of the victim’s body could not be easily determined after the victim’s assault was discovered; and (v) the victim was sufficiently deprived of the victim’s body functions other than the Defendant.

The Court held that it is reasonable to view.

2) Examining the above judgment of the court below by comparing it with records, the court below's judgment is examined closely.